TECHNICAL SERVICES UNION REGD NO P 49 Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PUNJAB, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The challenge in this writ petition is to the award passed by the Presiding Officer, Industrial Tribunal, Punjab, Chandigarh dated 29.10.1993 (Annexure P-11) in reference No.73 of 1990. The Labour Court has denied reinstatement and ordered the management to pay to the workmen the retrenchment compensation which was offered to them as a compensation for retrenchment but was not accepted by them at the time of retrenchment.

(2.) It is the case of the workmen that they had put in service as daily rated workers for about two years when their services were brought to an end on 28.12.1989 without following the procedure laid down under the Industrial Disputes Act, 1947 (for short 'the Act'); and that the management had violated Sections 25-G & H of the Act as juniors had been retained in service.

(3.) It was the defence of the management that due notice of retrenchment had been given to the workmen vide memo dated 26.12.1989 (Annexure P-12) and a cheque of Rs.1386/- was attached with the notice and duly tendered in lieu of retrenchment compensation as well as one month's pay towards notice period. In the notice, it was also mentioned that in case there is any deficiency it may be brought to the notice of the office otherwise it would be presumed that the amount stands accepted. It has come in the cross examination of MW1 Jaswant Singh Sidhu, Assistant Executive Engineer that retrenchment compensation was tendered by bank cheques to the workmen on the same date.