DHANI RAM Vs. PRESIDING OFFICER, LABOUR COURT, BHATINDA

JUDGEMENT

(1.) Petitioner-workman has filed this writ petition for quashing the award (copy Annexure P-4) of the Labour Court dated 10.5.1988.

(2.) The facts which led to filing of the writ petition are that the petitioner was employed as Conductor by respondent No. 2 in the year 1950 with which he worked as such till 14.9.1985 when his services were terminated without resorting to the prescribed procedure. He raised a demand notice under Section 2-A of the Industrial Disputes Act, 1947 (for short the Act) and when the State Government declined to make reference, the petitioner was impelled to file a writ petition in this Court. The order impugned in that writ petition was quashed by this Court on 4.12.1987 directing the State Government to reconsider the matter and pass an appropriate order. It was in this background that the State Government made a reference under Section 10(1) of the Act for settlement of dispute between respondent No. 2 - management and the petitioner workman by order Annexure P-1.

(3.) In reply to the claim petition, the respondent No. 2 - management, without disclosing the name of the partners, took up a plea that it was a partnership firm registered under the Partnership Act, so all the partners of the firm were its employer. The reply to the claim petition was allegedly filed by the authorised representative of respondent No. 2 - management, which is Annexure P-3 to the writ petition. The Labour Court held the reference to the incompetent and observed that the workman will be at liberty to raise a fresh industrial dispute. Copy of the award is Annexure P-4 to the petition.