RANJIT SINGH Vs. PRESIDING OFFICE

JUDGEMENT

(1.) Petitioner has filed this Writ Petition under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari for quashing the Award, dtd. 7/10/2013 (Annexure P4) passed by Respondent No.1, whereby Industrial Dispute raised under Sec. 10(1)(c) Industrial Disputes Act, 1947 seeking reinstatement has been dismissed and alternatively Compensation of Rs.3,000.00 has been granted to the Workman.

(2.) The brief facts leading to the Petition are that Petitioner joined the Respondent-Department on 1/9/1979 as Beldar/T-Mate, who was drawing the salary of Rs.695.60 per month and he worked till 15/7/1985, when his services were terminated. Aggrieved against his removal from service, the Petitioner-Workman raised Industrial Dispute on the ground that after his termination, new appointments were made and juniors to him were also retained in service and claimed that the termination of his service was in violation of the Industrial Disputes Act, 1947. It was prayed that the Termination Order be set aside and he be reinstated with continuity of service and full Back Wages.

(3.) The Management contested the claim by filing Written Statement and refuted the stand of the Petitioner by pleading that the claim of the Workman is not maintainable after a long delay of 20 years. On merits, it was pleaded that retrenchment of the Workman along with other 5500 Workers was made after complying with the procedure under Sec. 25-F Industrial Disputes Act, 1947 and with prior approval of the State Government, they all were compensated at the time of retrenchment. Further, while denying the other averments in the Claim Statement, it was prayed that the claim be dismissed.