MANAGEMENT OF THE MANAGING DIRECTOR HARYANA WAREHOUSING CORPORATION, PANCHKULA Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA

JUDGEMENT

(1.) THIS writ petition is filed by the employer challenging the award of the Labour Court dated 26.2.1999, copy Annexure P -4, vide which respondent No. 2 was ordered to be reinstated in service with continuity thereof and 50% back wages from the date of the reference i.e. 11.5.1994 till the date of his reinstatement.

(2.) COUNSEL for the petitioner has drawn my attention to various dates. Respondent No. 2 was appointed on 7.10.1985 as a Watchman. His services were terminated on 28.7.1986. He raised an Industrial dispute by way of demand notice dated 21.10.1989. The Government vide its order dated 29.11.1991, copy Annexure P -1, rejected the reference. The reasons given for rejection are as under : -

(3.) COUNSEL for the petitioner argued that once the matter was decided by this Court in a writ petition, it cannot be opened again. So far as this point is concerned, it may be stated that this Court in the earlier writ petition has not given any direction except dismissing the writ petition holding that the reasons given by the Government for not making a reference cannot be said to be capricious or arbitrary. The reasons given by the Division Bench can be reproduced as under : -