PATIALA CENTRAL COOPERATIVE BANK LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition filed by the Patiala Central Cooperative Bank Ld. Patiala (hereinafter referred to as 'the Management') is directed against the order of the Presiding Officer, Labour Court, Patiala, dated 5th September, 1985, wherein the Labour Court has ordered reinstatement of workman with continuity of service but without any monetary benefits.

(2.) The services of the workman alongwith some other workers were terminated in the year 1973 being surplus. Other workmen challenged their termination and their reinstatement was ordered by the Courts. The present workman made an application on 16th August, 1980, to the appropriate Authority for reference of the dispute for adjudication to the Labour Court. The appropriate Authority referred the following dispute for adjudication to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the Act') :-

(3.) The Labour Court decided all the issues in favour of the respondent-workman but keeping in view the fact that the workman was assisting his father in cultivation from the day his services were terminated held that he would not be entitled to back wages but otherwise he was ordered to be taken back in service with continuity of services.