ZILA PARISHAD Vs. H S AHLUWALIA

JUDGEMENT

(1.) Zila Parishad Patiala (writ petitioner) has challenged the impugned award dated 25th May, 1975 (copy Annexure P.5) given by the Labour Court, Patiala (respondent No. 1) by way of this writ petition under Articles 226 and 227 of the Constitution of India.

(2.) The Zila Parishad, Patiala (the writ petitioner) has been constituted under Section 86 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter referred to as the 'Zila Parishads Act'). Vide orders dated 16th February, 1972, Sukhdev Singh (respondent No. 2) was appointed as a Cleaner of the Road Roller in the grade of Rs. 70-1-80/1-85 by the Chairman of Zila Parishad, Patiala. Copy of his appointment order is attached with the petition as Annexure R.1. Subsequently, vide order dated 2nd May, 1972 he was appointed as a Jeep Driver for three months on temporary basis in the grade of Rs. 100-4-140/5-150. His period was extended from time to time, but ultimately his services were terminated vide order dated 14th February, 1973.

(3.) Sukhdev Singh (respondent No. 2) raised an industrial dispute by filing a statement of claim that he was a workman and that his services had been terminated without serving on him any notice, charge-sheet or holding any enquiry and prayed for his re-instatement with continuity of service and full back wages. The Labour Commissioner, Punjab, referred the dispute to the Labour Court for adjudication and the Labour Court vide its award (Annexure P.5) held that the termination of the services of Sukhdev Singh, respondent No. 2, was not justified and ordered that the workman shall be reinstated.