EXECUTIVE OFFICER, NAGAR COUNCIL, NABHA, DISTRICT PATIALA Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 06.05.2013 (Annexure P5), whereby the reference has been decided in favour of the workman -respondent No.2 and it has been held that he is entitled for reinstatement in service with continuity in service along with 25% back wages.

(2.) A perusal of the paperbook would go on to show that the case of the workman, in his claim statement, was that he was appointed as Peon on 01.08.1995 and worked regularly till 02.08.2006 and was getting Rs. 1500/ - per month. He had completed 240 days of continuous service and was covered under the mandatory provisions of the Industrial Disputes Act, 1947 (for short, the 'Act') but the same were not complied with at the time of his termination of service.

(3.) IN the written statement, filed by the petitioner -Council, plea taken was that the workman had not worked as a Peon and no proper procedure was followed for calling any applications. Following issues were framed by the Labour Court: