SUBHASH CHAND Vs. PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the Award dated 13.07.2012 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Hissar, whereby the reference has been answered in favour of the petitioner-workman on the premise that his termination was vitiated, on account of violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), but instead of ordering reinstatement along with back wages, the Tribunal has awarded compensation of Rs. 1,70,000/- for each completed year of service. Mr. Balraj Gujjar, learned counsel for the petitioner contends that the Management had appeared before the Labour Court, but, thereafter, they absented themselves and did not file any written statement and was proceeded against ex-parte. He further submitted that the workman was employed on 15.7.1989 as Beldar on monthly wages and his services were allegedly terminated on 02.03.2006 and thereafter, on 7.5.2009, he raised a demand notice when the conciliation proceedings failed and the matter was referred to the Labour Court.

(2.) He further submits that once there is clear finding of violation of the Section 25-F of the I.D. Act instead of ordering, grant of compensation, the workman is entitled to reinstatement along with back wages.

(3.) There is no representation on behalf of the Management despite service.