THE PRESIDENT GOBIND PURA CO-OPERATIVE AGRICULTURE SERVICE SOCIETY Vs. PRESIDING OFFICER, LABOUR COURT AND ANR.

JUDGEMENT

(1.) GOVINDPURA Co -operative Agriculture Service Society (hereunder called "the Management") challenged in this writ petition award of the Labour Court dated October 7, 1991, Annexure P/l, inter alia on the ground that Kishan Kumar workman had not completed 240 days in twelve months prior to his termination of services, which order was made on June 26,. 1991, and thus the provisions of Section 25F of the Industrial Disputes Act were not at all attracted. Another plea taken in the writ petition is that in view of Section 82 of the Punjab Co -operative Societies Act, 1961, the Labour Court had no jurisdiction to entertain the reference under the Industrial Disputes Act.

(2.) ON notice of motion having been issued, the writ petition has been contested by the workman Krishan Kumar by filing reply, inter alia, asserting that order of termination of services was passed by way of punishment and it is a case of victimization. Earlier his services were terminated and he was reinstated but again his services were terminated on August 16, 1982. Copy of the award of Labour Court dated October 12, 1984, was filed that on earlier occasion also he had withdrawn reference when his services were terminated on June 29, 1981, as he had been promised reinstatement.

(3.) THE Labour Court came to the conclusion that the order terminating services of the workman was passed by way of punishment and no enquiry was conducted. This has not been successfully refuted in the writ petition. Labour Court further held that even before it, the ground of non -confidence in the workman was not established. We find no ground to interfere with the award of the Labour Court. This writ petition is dismissed with costs, which are quantified as Rs. 1,000/ -