MANAKDHERI CO OP Vs. PRESIDING OFFICER

JUDGEMENT

(1.) SINGLE Judge allowing the writ petition of the workman-respondent by holding that he is The instant appeal filed under Clause X of entitled to full wages, which were payable to the the Letters Patent, is directed against judgment persons of his cadre. The workman has also dated July 17, 2009, rendered by the learned been held entitled to costs which were assessed at Rs.5000/-. Accordingly, the award of the Labour Court was modified. The workman was reinstated and his termination order was declared against the law. The Labour Court has granted him 60% back wages.

(2.) FEELING aggrieved the appellant-Society challenged the award of the Labour Court before this Court and the learned single Judge has dismissed the petition filed by the appellant-Society and has partially allowed the writ petition filed by the workman-respondent by enhancing the back wages from 60% to 100%.

(3.) MR. M.K. Tiwari, learned counsel for the appellant-management has argued that after exhausting the remedy under the Punjab State Primary Cooperative Agricultural Service Society Rules, 1986 (for brevity 'the 1986 Rules'), there was no occasion for the workman to seek reference under Section 10 of the I.D. Act. In that regard, he has drawn our attention to Rules 14 and 15 of the 1986 Rules, which reads as under: