CHANDIGARH INDUSTRIAL & TOURISM DEVELOPMENT CORPORATION LIMITED Vs. PRESIDING OFFICER LABOUR COURT U.T. CHANDIGARH

JUDGEMENT

(1.) Both these petitions have been taken up together for adjudication as the same are directed against Award dated 20.2.1992 passed by the Presiding Officer, Labour Court, U.T., Chandigarh (hereinafter referred to as the Labour Court). For convenience and clarity, facts have been taken from writ petition No.7485 of 1992.

(2.) Respondent No.2 Ashok Kumar (hereinafter referred to as the workman) during his employment with the petitioner i.e. Chandigarh Industrial & Tourism Development Corporation Limited, Chandigarh (hereinafter referred to as the CITCO) as Manager (Canteen/Cafeteria) suffered termination of his services on 23.6.1986 vide order Annexure P-4 on the ground that his post had been abolished to enforce economy in the administrative expenses. He challenged termination of his services on the ground that the post against which he was working had not been abolished. He offered to work on any post available with the CITCO. He alleged malafides against the competent authority. It was claimed that fresh recruitment has interalia been made against the post earlier held by him. His representation of 21.7.1986 for providing him employment on any post available with the CITCO did not find favour with the authorities. He, consequently, raised an industrial dispute.

(3.) On a reference made to it, the Labour Court, Chandigarh verdicted in favour of the workman ordering his reinstatement and continuity of service with back wages at the rate of 70%.