STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) Feeling dissatisfied with the award dated December 22, 1983 (Annexure P1) passed by Presiding Officer, Labour Court, Amritsar (respondent No.2) in Reference No.500 of 1979, the petitioner has invoked jurisdiction oi this Court under Article 226 of the Constitution of India with the prayer that the impugned award may be quashed.

(2.) A perusal of the record shows that respondent No. 1-Mohinder Singh (hereinafter described as the workman) was appointed as T-Mate in PWD Irrigation and Power Department on June 1, 1975. His service was terminated some time in 1977 on the ground that he had remained absent from duty and had misbehaved with one Jatinder Kumar S.O. and staff members. Along with the order of termination of service, he was paid one month's salary in lieu of notice in terms of Section 25-F(a) of the Industrial Disputes Act,, 1947 (for short, 'the Act'). He served demand notice upon the employer, but failed to persuade the latter to take him back in service. On receipt of the failure report, the Government of Punjab vide notification dated August 27, 1973 referred to dispute to the Labour Court, Amritsar.

(3.) In his statement of claim, the workman pleaded that the termination of his service was vitiated due to violation of the rules of natural Justice and Section 25-F of the Act, inasmuch as the employer did not hold any enquiry into the allegation of misconduct and he was not paid retrenchment compensation.