AMAR SINGH Vs. PRESIDING OFFICER, LABOUR COURT, CHANDIGARH

JUDGEMENT

(1.) Amar Singh through present petition filed by him under Articles 226/227 of the Constitution of India, seeks a writ in the nature of certiorari so as to quash order dated May 25, 1992, Annexure P-3, vide which the Labour Court answered the reference against him by holding that his services had been legally terminated by the Corporation and, therefore, he was not entitled to any relief.

(2.) Brief facts of the case reveal that petitioner was appointed as Tractor Operator in the Punjab Agro Industries Corporation Limited, Chandigarh and was then promoted as Custom Supervisor. He had put in more than twelve years of continuous service when he was all of a sudden asked to quit vide orders dated December 6, 1978, Annexure P-1. When the demand notice and conciliation proceeding failed, the matter was referred to the Labour Court by the Government under Section 10(1)(c) of the Industrial Disputes Act for adjudication. Petitioner filed a statement of claim on April 6, 1981 in which he challenged the termination orders on various grounds, such as, non- compliance of standing orders and Statutory Rules and the mandate contained in Sections 25N(a) 25N(c) 25N(2) 25N(6) of the Industrial Disputes Act. The Labour Court after trial, answered the reference against the petitioner and it is against this order, as indicated in the earlier part of the judgment, that the present petition has been filed.

(3.) The cause of petitioner has been contested by the respondent-management and in the written statement filed on its behalf all the points taken in the petition have been controverted.