STATE OF PUNJAB Vs. SANTOKH SINGH

JUDGEMENT

(1.) AGGRIEVED by the judgment dated November 18, 1988 passed by the learned Single Judge the State of Punjab and the Executive Engineer, Construction Division, Jalandhar, P. W. D. (B and R) Jalandhar Cantt. have filed this Letters Patent Appeal and have prayed for setting aside the judgment of the learned single Judge.

(2.) WORKMAN Santokh Singh was appointed as a work-inspector w. e. f. January 1, 1973 in the service of the Public Works Department (Buildings and Roads), Jalandhar Cantt. He was retrenched from service on July 31, 1976. This action of the employer was challenged by the workman who raised an industrial dispute. The Government of Punjab made reference of the dispute to the Labour Court, Jalandhar. After considering the pleadings and evidence brought on record, the Labour Court held that termination of the service of the workman was by way of retrenchment and also that the employer did not comply with the mandatory conditions incorporated in Section 25-F of the Industrial Disputes Act, 1947. It further held that due to the noncompliance of the mandatory provisions contained in Section 25-F of the Act. the retrenchment would be treated as void and inoperative. However, the Labour Court did not award reinstatement and backwages to the workman. Instead it awarded compensation amounting to Rs. 1000/ -. Workman Santokh Singh challenged the award of the Labour Court in Civil Writ Petition No. 45498 of 1979 on the ground that after having declared the termination of service as illegal and void, the Labour Court had no jurisdiction to decline the relief of reinstatement and full backwages.

(3.) THE learned Single Judge accepted the writ petition vide order dated November 18, 1989 and ordered the reinstatement of the workman with full back wages.