GENERAL MANAGER, PUNJAB ROADWAYS Vs. AMRIK SINGH

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for quashing the award dated 16.2.1994 whereby the Presiding Officer, Industrial Tribunal, Punjab, Chandigarh set aside the orders dated 18.5.1974 and 28.5.1974 and directed that the arrears would be paid to the respondent-respondent-workman from the date of demand notice dated 25.10.1990. It was further directed that the pay shall be fixed after ignoring the order of stoppage of increments set aside and taking final pay into consideration. The arrears from 25.10.1990 would be calculated and paid to the respondent-workman.

(2.) The legal issue which arises for consideration is whether once the matter had been adjudicated upon by the Civil Court against the respondent-workman and upheld in appeal, whether the industrial dispute could be raised by him and whether findings of the Civil Court could have been ignored by the Industrial Tribunal.

(3.) In order to settle the above said issue, reference to the factual matrix would be necessary which is as under:-