RAM NIWAS Vs. P O LABOUR COURT

JUDGEMENT

(1.) Both these writ petitions bearing Nos. 9471 and 9472 of 1999 arise out of the award, dated August 26, 1998 (Annexure P3) passed by respondent No. 1 the Presiding Officer, Labour Court-II, Faridabad, and they are being heard together and are disposed of by this common judgment as common questions of law and facts are involved therein.

(2.) Petitioner-workman has filed a writ under Article 226 of the Constitution of India in the nature of certiorari for quashing the award dated August 26, 1998 (Annexure P3) passed by respondent No. 1, the Presiding Officer, Labour Court-II, Faridabad.

(3.) Petitioner-workman has averred that he was appointed as a chowkidar on May 25, 1993. No appointment letter was issued to him and he continued in service till April 26, 1994. His salary was Rs. 1056.00 per month. He was not allowed to work and no retrenchment notice or compensation was granted to him. Later on, petitioner-workman filed a case against the management under the Payment of Wages Act for the period from March 1, 1994 to April 26, 1994. The Authority under the Payment of Wages Act awarded salary to the workman for the above said period. Aggrieved with this order, the management filed an appeal before the District Judge, Faridabad, who dismissed the same vide order, dated April 25, 1998 (Annexure P4). In spite of this, the Labour Court, Faridabad, has recorded a finding that the petitioner-workman did not work for 240 days and has also erred in observing that the case of management was covered under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act.).