LAWS(P&H)-2012-9-655

JAI BHAGWAN Vs. EXECUTIVE ENGINEER AND ANOTHER

Decided On September 12, 2012
JAI BHAGWAN Appellant
V/S
Executive Engineer And Another Respondents

JUDGEMENT

(1.) The petitioner/ workman is before this court challenging the award of the Labour Court dated 29.3.2010.

(2.) Briefly the pleaded facts are that the petitioner was appointed as Mali in February 1992. He worked as such with the management continuously till 31.3.2001. After he had put in about nine years of service, his services were terminated on 1.4.2001 in violation of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act"), as no retrenchment compensation was paid to him. Aggrieved by his termination, he filed CWP No. 8373 of 2005, which was got dismissed as withdrawn on 28.9.2006 with liberty to avail the alternative remedy. He raised a demand notice on 23.10.2006. The dispute was referred to respondent no. 2 for adjudication.

(3.) Respondent No.2 vide its award dated 29.3.2010 granted relief of compensation of Rs. 16,000/- in lieu of the reinstatement in service. It is this award which is impugned in the present writ petition by the petitioner claiming that he is entitled to reinstatement with back wages.