LAKHBIR SINGH Vs. PRESIDING OFFICER, LABOUR COURT, PATIALA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 07.08.2009 (Annexure P -1) whereby the workman has been granted a sum of Rs. 12000/ - as compensation in lieu of reinstatement.

(2.) THE claim of the workman was that he worked from 01.12.1994 to 30.09.1997 and his services were terminated illegally on 01.10.1997, without complying with the mandatory provisions of the Industrial Disputes Act, 1947 (for short, the 'Act') and that he was drawing a sum of Rs. 3020/ - per month at the time of termination of his service. His juniors were retained while he was terminated from service and therefore, he was entitled to be reinstated.

(3.) THE respondent -Department opposed the said claim petition and pleaded that he has not completed 240 days continuous service during the last calendar year and his services were dispensed with due to the non -availability of work. It was pleaded that he had earlier filed civil suit which was dismissed on 16.03.1999. In his cross -examination as WW1, the workman deposed regarding his services as a Tubewell Operator whereas the Department examined Amrit Pal Singh, SDE who deposed that the workman was getting Rs. 98.85 per day and documents Ex.M42/1 to Ex.M46/1 were brought on record. After examining the muster rolls, the Labour Court came to the opinion that the Management witness also admitted that the workman received salary of 241 days in the last 12 months preceding 01.10.1997 and therefore, the provisions of Section 25 -F of the Act have been violated. Relevant findings read as under: