GURCHARAN DASS Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioners services were terminated by the respondents-management which gave rise to an Industrial Dispute. The Punjab Government referred the same for adjudication to the Labour Court on the question, "whether termination of services of the workman was justified and in order? If not to what relief/exact amount of compensation was he entitled -

(2.) The Labour Court returned a finding that the termination of the services of the workman was not justified and was not in order. There was non-compliance of the mandatory provisions of section 25-G of the Industrial Disputes Act, 1947 and on that account the order of termination could not be sustained. However, backwages were not awarded to the petitioner. The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India praying for quashing the award Annexure P-1 to the extent it pertains to denial of backwages.

(3.) The learned counsel for the petitioner contends that once the Court comes to the conclusion that there was no justification for termination of services of the workman, back-wages could not be denied.