STATE OF PUNJAB THROUGH ITS SECRETARY LABOUR PUNJAB, CHANDIGARH AND ANOTHER Vs. JASWANT SINGH AND ANOTHER

JUDGEMENT

(1.) This Letters Patent Appeal has been filed challenging the orders dated March 29, 2001, passed by the learned Single Judge in Civil Writ Petition No. 6065 of 1986, vide which award dated December 15, 1985, (Annexure P-1) passed by the Presiding Officer of the Labour Court was set aside and the respondent-workman was reinstated in service with 30% back wages. Even though the respondent-workman had not completed 240 days preceding the date of termination of his services, the order of retrenchment was, however, invalidated on the ground that persons junior to him were retained in service, whereas he was shown the exit door. The learned Single Judge thus held the orders of retrenchment to be vitiated in view of the provisions contained in Section 25-G of the Industrial Disputes Act, 1947 (for short 'the Act').

(2.) The Letters Patent Appeal was admitted on January 4, 2004, on the contention recorded by the learned counsel representing the State-appellants and following order was passed :-

(3.) Pursuant to the notice issued by this Court regarding stay, reply was filed by the respondent-workman, wherein it was, inter alia, pleaded that requirement of 240 days' service is necessary only in case of complaint of violation of provisions of Section 25-F of the Act. For this averment, reliance was placed upon the judgment of the Hon'ble Supreme Court in Central Bank of India v. S. Satyam, 1996 7 JT 181 Vide orders dated February 11, 1002 passed by this Court, ex parte stay granted on January 4, 2002, was vacated keeping in view the contention of the learned counsel representing the respondent-workman and the aforesaid judgment of the Hon'ble Supreme Court.