GURDASPUR CENTRAL CO Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) Vide this order two Civil Writ Petitions (CWP Nos. 6431 and 8976 of 1993 are being disposed of as common question arises therein. Facts are taken from C.W.P. No. 6431 of 1993.

(2.) The Gurdaspur Central ___________Co-operative Bank Limited, the Bank, challenges in this petition filed under Articles 226 and 227 of the Constitution, order dated January 4, 1993 as published in the Gazette dated April 23, 1993, copy Annexure P.3, passed by the Labour Court, Gurdaspur holding the order of terminating services of Narinder Singh-respondent No.2, as illegal and directing his re-instatement with continuity of service and full back-wages from the date of the demand notice dated July 19, 1990 till re-instatement.

(3.) Narinder Singh was employed as a Clerk in the petitioner Bank for a period of 89 days. Upto July 8, 1988, with notional breaks, he continued working with the Bank. His services were never retrenched or dismissed for any act of mis-conduct. He was re appointed with notional breaks as narrated above. However, after July 7,1988 he was not given any further extension. Once he was appointed after a gap of 7 months and 21 days. He filed a civil suit challenging the order of his termination in the Civil Court, Batala and the same was dismissed by making a statement that he did not want to proceed with the case. After dismissal of the suit he served a demand notice dated July 19, 1990 on the basis of which the dispute was referred to the Labour Court by the State Government under section 10 of the Industrial Disputes Act (hereinafter called 'the Act'). Copy of the claim petition filed before the Labour Court by him is Annexure P.l. Number of preliminary objections were taken by the petitioner-Bank to the claim of the workman and the Labour Court framed following four issues:-