PATHANKOT VEHICLEADES PRIVATE LIMITED Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL,GURDASPUR AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari challenging the award dated 10.4.2014 (Annexure P-5). Respondent No. 2 had raised an industrial dispute by serving a demand notice Annexure P-1 challenging her termination. The appropriate Government referred the dispute to the Industrial Tribunal, Gurdaspur for adjudication.

(2.) Case of respondent No. 2, in brief, was that she was working with the petitioner management as a Sweeper with effect from 11.10.2001. Services of respondent No. 2 had been terminated on 9.9.2007 without issuing any show cause notice and charge sheet. Services of respondent No. 2 had been terminated in violation of mandatory provisions of Industrial Disputes Act, 1947. Case of the petitioner management as per the written statement Annexure P-3 was that services of respondent No. 2 had never been terminated. Rather, respondent No. 2 had herself stopped reporting for duty with effect from 9.9.2007 and had not even collected her salary for the month of August, 2007 which was payable in September 2007.

(3.) On the pleadings of the parties, following issues were framed by the Industrial Tribunal:-