NIRMAL SINGH Vs. LABOUR COURT

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order dated 03.02.2009, whereby the Labour Court declined the relief of reinstatement and back wages to the petitioner. Briefly, pleaded facts are that the petitioner joined as a watchman on 01.08.1984 with the respondents/management on daily wage basis. The petitioner continued to serve the respondent -Department till 31.12.1986. His services were terminated on 01.01.1987 without giving any notice. He raised an industrial dispute by serving demand notice dated 27.06.1998. The dispute was referred to the learned Labour Court for adjudication. Vide its award dated 03.02.2009, learned Labour Court did not grant relief of reinstatement and back wages to the petitioner but awarded compensation of Rs. 10,000/ -.

(2.) LEARNED counsel for the petitioner submitted that the delay in serving the demand notice is no ground to decline reinstatement with continuity in service and back wages to the petitioner. He referred to the decisions of Hon'ble the Supreme Court in Harjinder Singh Vs. Punjab State Warehousing Corporation, 2010 (3) SCC 192 and Krishan Singh Vs. Executive Engineer, 2010 (3) SCC 637. There is no period prescribed under the Act as the Limitation Act is not applicable to the proceedings under the Act.

(3.) HEARD learned counsel for the parties and perused the paper book.