THE COOPERATIVE SOCIETY LIMITED BANK Vs. PRESIDING OFFICER, LABOUR COURT-CUM-INDUSTRIAL TRIBUNAL, HISAR & ANR.

JUDGEMENT

(1.) FEELING aggrieved against the impugned award dated 14.1.2013 passed by the learned Industrial Tribunal vide Annexure P -4, petitioner -Management has approached this Court by way of instant writ petition under Articles 226/ 227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing the impugned award. During the course of arguments, the only argument raised by the learned counsel for the petitioner is that in view of the service rules applicable to the respondent -workman, he was having the remedy of appeal against the termination order. However, learned counsel for the petitioner could not deny this material fact that the jurisdiction of the learned Labour Court was not barred. Once that is the admitted position on record, further relevant issue would be whether the petitioner -Management has violated the mandatory provisions of Section 25 -F of the Industrial Disputes Act, 1947 ('the I.D. Act' for short).

(2.) IT is a matter of record that the respondent -workman was working on permanent basis. Charges of embezzlement were levelled against him. However, learned counsel for the petitioner fairly states that the enquiry was not conducted against the respondent -workman before terminating his services. Further, no notice pay or retrenchment compensation was paid to the respondent -workman.

(3.) NO other argument was raised.