RAM NIWAS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Petitioner (Ram Niwas) has filed the 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, dtd. 8/10/2015 (Annexure P 5) passed by learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Bathinda; whereby, the reference has been declined and answered against him.

(2.) Briefly, the Petitioner-Workman raised an Industrial Dispute, which was referred for adjudication to the Industrial Tribunal, Bathinda. In the Claim Statement, the Petitioner-Workman had stated that he was working as a Chowkidar with the Respondent-Department on daily wages since 1/2/1989 to 30/11/1994 and on 1/12/1994, his services were illegally terminated without any reason and without issuing any notice, Charge-sheet, inquiry or Compensation. Petitioner claims that he had worked for 240 days and at the time of his termination, he was getting Rs.1080.00 p.m. as wages. Petitioner claimed that his services have been terminated in violation of the provisions of Industrial Disputes Act, 1947; accordingly, he prayed for reinstatement with continuity of service and full back wages.

(3.) Apart from taking the legal objections regarding locus standi and cause of action to file the Claim Petition and also as to whether the Petitioner falls within the definition of Workman, on merits, it was stated that the Petitioner Workman was engaged on 1/11/1989 to 30/3/1991 on daily wage basis i.e. on temporary basis as a Chowkidar with breaks and he was paid for the days for which, he actually worked. It was stated that the Petitioner-Workman was never engaged after 30/3/1991 and he had not completed 240 days in the last calendar year.