LAWS(P&H)-2011-2-519

SATPAL Vs. PRESIDING OFFICER AND ANOTHER

Decided On February 21, 2011
SATPAL Appellant
V/S
PRESIDING OFFICER AND ANOTHER Respondents

JUDGEMENT

(1.) Challenge in the present appeal is to an order dated 27.1.2010 passed by learned Single Judge, whereby the writ petition filed by the present appellant challenging the Award passed by Industrial Tribunal-cum Labour Court-I, Gurgaon dated 18.2.2008 was dismissed.

(2.) Appellant raised an industrial dispute alleging that he was engaged as Beldar w.e.f. 1.1.1994 but his services have been dispensed with on 30.6.1999 in an illegal manner. The dispute raised by the appellant led to the Award dated 18.2.2008 passed by the learned Labour Court wherein the reference raised by the appellant was declined.

(3.) In the writ petition filed by the appellant-workman, learned Single Judge of this Court have returned a finding that the appellant has completed 240 days in a calendar year preceding to the date of termination and, thus granted compensation of Rs. 60,000/-. In respect of violation of Section 25-G of the Industrial Disputes Act, 1947 (for short the Act), it has been held that there is no pleading raised by the appellant before the learned Labour Court nor in the writ petition. Therefore, the appellant cannot be permitted to raise such ground in the writ petition.