LAWS(P&H)-2012-8-42

FEROZEPUR SUTLEJ CO OPERATIVE Vs. PRESIDING OFFICER

Decided On August 06, 2012
Ferozepur Sutlej Co Operative Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) This order shall dispose of Letters Patent Appeals No.844 of 2012 and 928 of 2012, which have been filed by the management against the judgment dated 27.03.2012 passed by the learned Single Judge, whereby two separate writ petitions filed by the appellants challenging the awards of the Industrial Tribunal, have been dismissed.

(2.) Though these appeals are barred by limitation, and along with the appeals, the appellants have filed two separate applications (CM Nos.2250 of 2012 and 2464 of 2012) for condonation of 35 days delay each in filing the appeals, yet without taking the said delay into consideration, we have heard the learned counsel for the appellants on merits and gone through the impugned judgment passed by the learned Single Judge as well as the awards dated October 28, 2011 made by the Industrial Tribunal. The facts are taken from LPA No.844 of 2012.

(3.) In the present case, the respondent-workman was appointed as Sewadar/Peon on 19.2.1988. His services were terminated on 31.3.2001 without any notice, charge-sheet etc. or without paying retrenchment compensation. On reference sought by the workman, the Industrial Tribunal adjudicated the industrial dispute and found that the management terminated the services of the workman without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act'). Consequently, the termination of the services of the workman was held to be illegal and unlawful, and he was ordered to be reinstated with continuity of service with 50% back wages.