(1.) The State of Punjab, being aggrieved of the Award, Annexure P-17, rendered by the Labour Court on May 30, 1991 reinstating respondent- workman with continuity of service and full back wages, has challenged the same on a solitary but solid ground that the workman could not ask for a second reference having withdrawn his list when the same was pending before the Labour Court when the Government had made first reference.
(2.) Brief facts of the case reveal that the services of respondent-workman were terminated on June 1, 1982. When the reconciliation proceedings in consequence of his demand notice failed, the government made a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 to the Labour Court for adjudication of his cause. However, vide his statement made on that behalf, workman withdrew his case before the Labour Court on October 11, 1984. The Labour Court vide its Award dated October 11, 1984 itself dismissed the reference on the statement was not an industry as per the judgment of the Supreme Court, he would not like to pursue his reference and would seek his remedy in an appropriate forum.
(3.) The workman has filed written statement but the fact that he had withdrawn his first reference, has not been denied. It is, however, his case that once by subsequent judgments the petitioner-management was held to be an industry, he was well within his right to ask for second reference.