JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER the service of the petitioner could be terminated by the competent authority of the Punjab State Civil Supplies Corporation Ltd. (for short, the Corporation) without complying with the mandatory provisions of Sections 25-F and 25-G of the Industrial Disputes Act, 1947 (for short, the Act) is the moot question which arises for determination in this petition filed for quashing award dated 7. 5,1985 passed by Labour Court, Bhatinda in Reference No. 693 of 1982.

(2.) THE petitioner was appointed as Shop Assistant Grade-1 in the services of the corporation by its Managing Director vide order dated 28. 9. 1977. His services were terminated by the Managing Director of the Corporation vide order dated 7. 8. 1980 apparently because a First Information Report was registered against him on 1. 8. 1980 at Police Station, Zira under Section 7 of the Essential Commodities Act, 1955 read with sections 468/406 of the Indian Penal Code with the allegation that he had sold five bags of pulses in black-market to one Shri Chiman Lal. He was ultimately discharged by Judicial Magistrate, 1st Class, Zira vide order dated 12. 3,1981. The petitioner challenged the termination of service in Civil Suit "no. 88-I of 1981. Learned Sub Judge, 1st Class, Ferozepur dismissed the suit on 23. 12. 1981 on the ground that the Civil Court did not have the jurisdiction to entertain the controversy raised by the plaintiff (petitioner herein) which fell in the realm of an industrial dispute. Thereafter, the petitioner raised an industrial dispute which was referred by the State Government to Labour Court, Bhatinda.

(3.) IN his statement of claim, the petitioner pleaded that termination of his service was vitiated due to violation of Sections 25-F and 25-G of the Act and the rules of natural justice.