PANJGRAIN KHURAD COOPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. Vs. PRESIDING OFFICER, LABOUR COURT, BATHINDA

JUDGEMENT

(1.) Challenge in this writ petition is to the award dated April 15, 2002 passed by the Presiding Officer, Labour Court, Bathinda whereby the reference made to it under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) was answered against the management and in favour of the workman and the latter was directed to be reinstated with continuity of service but without back wages.

(2.) Facts giving rise to the petition may first be noticed : Pritam Singh respondent had been employed as a Secretary of the Panjgrain Khurad Cooperative Agricultural Service Society Limited Tehsil Baghapurana District Moga (for short the Society) and was drawing monthly salary of Rs. 2499/- when his services were terminated on June 23, 1994. This termination gave rise to an industrial dispute which had been referred for adjudication to the Labour Court. The case set up by the workman was that his services had been terminated without serving any notice on him and without holding an inquiry and that no compensation was paid to him and this, according to him, was illegal. He prayed that the order of termination be set aside and he be reinstated with continuity of service with full back wages.

(3.) In the written statement filed by the society some preliminary objections were raised in regard to the maintainability of the reference. It was pleaded that the workman had no locus-standi to raise the dispute and that the society was not an 'industry' within the meaning of the Act, and therefore, the Labour Court had no jurisdiction to deal with the reference. On merits, it was pleaded that the workman had embezzled a sum of Rs. 2,19,173/- which was recoverable from him on the bass of some awards passed by the Arbitrator under the Punjab cooperative Societies Act, 1961. It was admitted that the workman was working as a Secretary with the society and that his services had been terminated on June 23, 1994 on account of grave misconduct inasmuch as he had embezzled a large sum of money belonging to the society.