GURMAIL SINGH Vs. INDUSTRIAL TRIBUNAL, PATIALA AND OTHERS

JUDGEMENT

(1.) The petitioner impugns the award Annexure P-3. Briefly the facts would indicate that the petitioner was initially employed as a Chowkidar w.e.f 1.4.1986. His services were terminated on 1.9.1987 upon which he raised an industrial dispute which was referred to the Labour Court, Patiala. An award was passed in 1994 holding that the services of the petitioner had been unjustly terminated and thus leading to the reinstatement of the petitioner with complete back wages as per the terms of the award. The petitioner was then reinstated in service with effect from 21.6.1995 to 31.10.1995. His services were again terminated w.e.f 8.12.1995 leading to raising of another industrial dispute by the petitioner which was referred to the Labour Court and an ex parte award was passed in favour of the petitioner. This award was challenged by the respondent State by way of a writ petition and the mater was remanded back to the Labour Court for decision afresh. Annexure P-3 is the result of that exercise and a cause of grievance to the petitioner, regarding the relief which was restricted merely to compensation of Rs.15,000/-.

(2.) The Tribunal in the impugned award (Annexure P-3) has given an affirmative finding about the violation of the provisions of Section 25 F of the Industrial Disputes Act. This finding has not been challenged by the State.

(3.) The petitioner in turn contends that once it was held that there was non-compliance of provisions of Section 25F the petitioner ought to have been reinstated in service with complete back wages whereas the respondents contends that the grant of compensation of Rs.15,000/- is just and adequate considering the fact that petitioner had hardly worked with the respondents.