STATE OF PUNJAB Vs. JIT SINGH

JUDGEMENT

(1.) THE State of Punjab (hereinafter referred to as the Management) has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ of certiorari quashing the award made by the Labour Court, Gurdaspur in reference No. 113 of 1989 which has been answered in favour of the respondent (hereinafter referred to as the workman) on 7.10.1998. The workman was appointed as driver on 15.4.1982 as work charge as R.S.D. project. He was retrenched on 12.8.1983 due to paucity of funds. It is further stated in the petition that during the year 1983 -84, 1400 other workman had also been, retrenched alongwith the workman. After termination, the workman raised a demand notice. The appropriate Government made a reference to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the following effect : -

(2.) BEFORE the Labour Court, the workmen claimed infringement of Sections 25 -G and 25 -H of the Act. The Management reiterated that the workman had been retrenched due to paucity of time. It was also stated that Section 25 -11 of the Act had been complied with. The Labour Court framed the following issues : -

(3.) PETITION dismissed.