LAWS(P&H)-2011-5-12

PUNJAB AGRICULTURE UNIVERSITY Vs. PRESIDING OFFICER LABOUR COURT

Decided On May 26, 2011
PUNJAB AGRICULTURE UNIVERSITY, LUDHIANA Appellant
V/S
PRESIDING OFFICER, LABOUR COURT, BATHINDA Respondents

JUDGEMENT

(1.) As identical questions of law and facts are involved and collectively argued by the counsel for the parties, therefore, I propose to dispose of the instant writ petitions, arising out of the same impugned award (Annexure P7) of the Labour Court (for brevity "LC"), by virtue of this common judgment, in order to avoid the repetition. However, the facts, which require to be noticed for the limited purpose of deciding the core controversy, involved in these matters, have been extracted from (1) CWP No. 16210 of 1992 titled as "Punjab Agriculture University, Ludhiana and Anr. v. Presiding Officer, Labour Court, Bathinda and another" in this context.

(2.) The crux of the combination of the facts and evidence, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that the Respondents-workmen were engaged as daily wage workers, in the year 1989, at the monthly salary of '760/-by the management of Petitioner-Punjab Agriculture University, Ludhiana (for short "the management"). The workmen claimed that their services were illegally terminated by the management with effect from 1.7.1990. In the wake of the industrial dispute raised by the workmen, by way of demand notice (Annexure P1), the appropriate Government referred the matter to the LC for adjudication, in view of the provisions of Section 10 of The Industrial Disputes Act, 1947 (hereinafter to be referred as "the Act").

(3.) The case set up by the workmen, in brief in so far as relevant, was that they were engaged as Beldars on daily wages, in the year 1989, by the management and their services were illegally terminated, without issuing any show cause notice, holding any inquiry or payment of retrenchment compensation. Their termination orders were stated to be arbitrary, illegal, unjustified, against the principle of natural justice and statutory provisions of the Act as well. On the basis of aforesaid allegations, the workmen claimed their reinstatement with continuity of service and full back wages in the manner indicated hereinabove.