GULZAR SINGH Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This order of mine will dispose of Civil Writ Petitions No. 771 of 1984, 898 of 1984, 899 of 1984 and 913 of 1984.

(2.) The petitioners in all the four writ petitions were employed with Punjab State Electricity Board (hereinafter called the Board) as T. Mate (Work charged employees). Admittedly, all the petitioners had completed more than 240 days in service when their services were terminated. This gave rise to an industrial dispute and the matter was referred to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act (hereinafter referred to as the Act).

(3.) The Labour Court, after taking into consideration the entire evidence led by the parties to the dispute, gave a finding that termination of services of the petitioners could not be held to be justified and proper as the Board had not complied with the mandatory provisions of Section 25-F the Act inasmuch as the retrenchment compensation was not paid at the time when the petitioner were served with termination notice. However, while granting relief the Labour Court ordered that the petitioners shall be entitled to reinstatement with continuity of service but without back wages. The petitioners were denied back wages on two counts; that though the petitioners were served with one month's notice but the retrenchment compensation was sent through money orders but the petitioners had refused to accept the same; secondly, that they were employed only for a specific work and after the work had come to an end, their services were terminated. The petitioners have challenged the Award of the Labour Court denying them back wages by way of these four writ petitions.