SHISHAN KUMAR Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing of award dated 25.2.2005, Annexure P-1, whereby the learned Labour Court, Ambala, dismissing his claim statement, and further writ in the nature of Mandamus directing the respondents to reinstate him with full back wages with interest at the rate of 18 per cent per annum and other consequential benefits.

(2.) It is the case of petitioner-workman that he was appointed on 15.9.1991 as Helper at village Dhanana by respondent No. 2, namely, The Executive Engineer, PWD (Public Health), Division Naraingarh, District Ambala (hereinafter referred to as the department) on daily wages. He worked there till 1.5.1993 without any break and as such, completed 240 days in a calendar year. His services were terminated by the respondent department in violation of Section 25(F) of the Industrial Disputes Act, 1947 (in short the Act) without giving him any notice or compensation in lieu thereof. The workers juniors to him were retained and even fresh appointments were made thereafter. He accordingly challenged the termination order by serving upon the respondent-management a demand notice. Later, the dispute was referred to the Labour Court for adjudication. Petitioner-workman filed claim statement. Upon notice of the same, respondent-management in its written statement denied that the services of the workman were terminated. It took up the plea that it was the workman who stopped coming on work without any intimation and did not approach the management for work at any time thereafter. It was pleaded that the claim of the workman is hopelessly barred by time as he raised the demand notice after seven years of his leaving the job.

(3.) Replication has filed by the petitioner-workman to the written statement denying the averments contained therein and reiterating the one in the writ petition.