S MOHINDER SINGH Vs. DIRECTOR STATE TRANSPORT

JUDGEMENT

(1.) The petitioner was working as Conductor with the State Transport, Punjab Roadways, Amritsar since 19.4.1977. The Labour Court has however found that he was appointed on 15.5.1977. His services were terminated on 23.1.1978. The workman had completed 240 days during the year preceding the date of termination. The provisions of Section 25 -F of the Industrial Disputes Act, 1947 were not complied with. The services of the petitioner were terminated on the ground that his services are no longer required. However the petitioner had claimed that on 23.1.1978, Bus No. PUE 8824 on which he was working as a Conductor, was checked while it was going from Amritsar to Ludhiana. Inspector Gurmail Singh demanded money from the petitioner. The petitioner did not give the illegal gratification. A false FIR bearing No. 167 was registered against him. The petitioner was put on trial in the Court of Sub -Divisional Judicial Magistrate, Pathankot. Vide judgment dated 19.4.1980, the petitioner was acquitted of the charge of theft. After acquittal, the petitioner made a demand for reinstatement vide letter dated

(2.) VIDE its Award dated 11.11.1986, the Labour Court has held that the order of termination is illegal and deserves to be set aside. After setting aside the order of termination, the Labour Court reinstated the workman with continuity of service. However, the workman has been denied the back wages on the ground that the demand notice has not been served till 16.1.1981.

(3.) I have heard the learned counsel for the parties at length.