LAWS(P&H)-1993-1-137

STATE OF PUNJAB Vs. KRISHAN DASS

Decided On January 05, 1993
STATE OF PUNJAB Appellant
V/S
KRISHAN DASS Respondents

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 15610, 15260 of 1989, 5654, 5678, 8242, 8923, 9272, 9622 of 1990 and 3574, 17396, 17398 and 18974 of 1991 as common questions of law and facts have been raised in these writ petitions.

(2.) The brief facts are that the respondent was appointed as chowkidar with effect from 24.4.1985 and continued working as such till his services were terminated on 15th May, 1988. The respondent challenged his termination inter alia contending that he had worked for more than 240 days; the provisions of Sec. 25(f) of the Industrial Disputes Act, 1947 have not been complied with, therefore, his termination is illegal.

(3.) Vide the impugned award, the Labour Court, vide its order dated 28.9.1989, on a appreciation of evidence concluded that the respondent had worked for more than 240 days and the provisions of Sec. 25(f) of the Industrial Court Act, 1947 have not been complied with. Consequently, this termination was held to be illegal. Since there was no evidence that the respondent was employed during the period of his termination, the respondent was reinstated with back wages.