RADHEY SHAM Vs. LABOUR COURT ROHTAK

JUDGEMENT

(1.) THIS is a petition under Arts. 226 and 227 of the Constitution of India by the workmen of Bharat Porcelain, Sonepat, an industrial concern, challenging the award of the Presiding officer, Labour Court, Haryana, Rohtak, dated 30/9/1974, whereby the applications, dated 27/2/1973, filed by the workmen had been dismissed on the ground that these were not maintainable. The controversy arises out of the following facts :

(2.) THERE was some dispute about the termination of services of some workmen which was referred to the arbitration of on sri S. N. Vats, under Sec. 10a of the Industrial disputes Act ("hereinafter referred to as the Act ). The arbitrator gave his award on 1/3/1971, in favour of the workmen and declared that their services had been wrongly terminated and they were entitled to be reinstated with continuity of service and back-wages. This award was published in Haryana government Gazette on 19/3/1971.

(3.) ON behalf of the respondent-management, it is claimed that it served notices on 19 April 1971, on the retrenched workers to come and join their duty, but they failed to do so.