MALKIT SINGH Vs. PUNJAB SUPERIOR JUDICIAL SERVICES-CUM-PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, BATHINDA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 09.06.2010 (Annexure P7) whereby the reference, filed by the workman, was declined.

(2.) PERUSAL of the writ petition would go on to show that a demand notice was served on 14.08.1997 by the workman that his services were illegally terminated on 12.08.1997, without issuing any notice inspite of the fact that he had been working from 01.05.1994 to 11.08.1997 and was getting salary of Rs. 1420 -60/ - per month and had put in 3 1/2 years of service. He was, thereafter, sent the retrenchment compensation to the tune of Rs. 4324.80 as per the provisions of the Industrial Disputes Act, 1947 (for short, the 'Act'), which was compensation of Rs. 2459/ - and one month's salary, amounting to Rs. 1420.60 vide cheque dated 06.09.1997 which he refused to take at that point of time. Resultantly, the claim petition came to the filed on the same set of allegations.

(3.) IT was not denied that the workman had worked with the Management till 11.08.1997 and the plea taken was that he was daily paid worker against the work. The services of the petitioner were dispensed with on 12.08.1997 because in the year 1997, the cotton crop suffered serious losses particularly in Abohar belt due to pest attack. So, the services of the daily paid labourers were dispensed with and the mandatory provisions of the Act were complied with and as per the length of service of the workman, compensation was paid to him along with one month's pay, in lieu of the notice. There was no necessity to issue show cause notice and chargesheet and the workman was relieved from his duty and was requested to collect compensation in lieu of the notice from the Accountant and Cashier. The workman made a request that he will collect the dues after consulting the Union members but did not turn up and thereafter, the draft was made through the Punjab National Bank and sent at his home address through registered post and the same was then received by the workman.