GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application for placing on record legible documents as Annexure P-4 is allowed, subject to all just exceptions.

(2.) Challenge in the present writ petition is to the award dated 13.07.2012 (Annexure P-3) passed by the Industrial Tribunal, Bathinda whereby, it was held that the termination of the services of the claimantworkman was legal, valid and fully justified and the reference was answered in favour of the management-respondent.

(3.) The sole question which arises in the present writ petition is that once the petitioner has opted to invoke the jurisdiction of the Civil Court and was unsuccessful, whether he could shift and claim reference under the provisions of the Industrial Disputes Act, 1947 (in short 'the Act'). The answer to this question has been settled beyond a shadow of doubt by a Full Bench of this Court in Sukhi Ram vs. State of Haryana, 1982 1 SLR 663where, it has been settled that it is the discretion of the workman to resort to one of the remedies and he has option to seek his remedies under the Act or to elect his remedy under the common law and he cannot choose both.