GURNEK SINGH Vs. PUNJAB ROADWAYS, FEROZEPUR

JUDGEMENT

(1.) The petitioner was employed as a Driver in the Punjab Roadways, Ferozepur. His services were terminated. On a dispute raised by him, the State Government referred the matter to the Labour Court, Patiala on the question whether the termination of service of the petitioner was just and in order and if not, to what relief he was entitled ? The Labour Court, vide its award dated 11-8-1990, returned a finding that the termination of service of the workman-petitioner was not justified and set aside the same. It was held by the Labour Court that the workman was to be paid retrenchment compensation in accordance with the provisions of Section 25-F of the Industrial Disputes Act.

(2.) The learned counsel for the petitioner contends that while granting relief to the petitioner, the Labour Court had committed a patent error in not ordering the reinstatement of the petitioner and not allow the full back wages. According to the Counsel, the provisions of Section 25-F of the Industrial Disputes Act, 1947 , hereinafter referred to as the 'Act' are mandatory. The Counsel also contends that a Workman, who has rendered more than one year Service, cannot be retrenched without payment of compensation.

(3.) The learned Assistant Advocate General contends that there is no illegality in the impugned award of the Labour Court.