FARIDABAD COMPLEX ADMINISTRATION Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is directed against award dated 21 -8 -1984 (Annexure P -3) passed by Presiding Officer, Labour Court, Faridabad (respondent No.2) in Reference No. 290 of 1982 for reinstatement of respondent No.3 -Jai Pal (hereinafter described as the workman) with continuity of service and full back wages.

(2.) THE workman was engaged in the services of the petitioner, which is now known as Municipal Corporation, Faridabad as Sweeper on 20 -7 -1978. His service was terminated on 22 -5 -1981 without any charge -sheet and without any notice. The dispute raised by him was referred by the State Government under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, the Act to Labour Court, Faridabad.).

(3.) SHRI Suman Jain, learned counsel for the petitioner argued that the impugned award should be declared as vitiated by an error of law and quashed because the same is totally bereft of reasons. He submitted that even if respondent No.2 was justified in proceeding ex parte against the petitioner, he was duty bound to pass a reasoned award disclosing the application of mind on the various issues arising out of the reference made by the State Government. Learned counsel then argued that respondent No.2 committed a grave illegality by passing the impugned award without deciding the application filed on behalf of the petitioner for setting aside order dated 31 -12 -1982.