MUNICIPAL CORPORATION, LUDHIANA Vs. KULWANT SINGH

JUDGEMENT

(1.) The petitioner-Municipall Corporation, Ludhiana-Managemment has knocked the doors of thhis Court by way of instant writ petition, as cast under Articles 226/227 of the Constitution of India,, hereby challenging the award dtd. 9/3/2015 (Annexure P-7), passed by learned Labour Court, Ludhiana, vidde which, respondent-workman has been granted the relief of reinstatemment with continuity of service,, and 40% back wages. However, liberty has also been granted to the petitioner to terminate the services of the workman again by adopting the proceduree prescribed, if no work relating to JCB machine is available.

(2.) Succinctly, the case, as set up by the respondent-workman by filing a claim petition, is that he was appointed as a JCB Operator with the petitioner-Management on 8/4/1999, on DC rate. His average wages, at the time of termination, were Rs.2,500.00 per month. However Per contra, learned counseel for the respondent-workman submits that, it is not the case of infracttion of Sec. 25-F of the Act only, rathher a case of unfair labour pracctice adopted by the petitioner- without isssuing any notice or making commpliance of Sec. 25-F, G and H of the Industrial Disputes Act, 1947 (ffor short, the Act'), his services were illeggally terminated on 21.11.20011. Feeling aggrieved, a claim statement dtd. 30/10/2003, was filed, which was sent as a reference to the learned Labour Court, under Sec. 10 (1) (c) of the Act, for adjudicatiion.

(3.) After considering the matteer and evidence on record, the learned Labour Court found that since thee workman had worked for more than 240 days, therefore, he, indeed, would be a workman. Likewise, it was also observed that there was infraction of the provisions of Ss. 25-F, G and H.