STATE OF PUNJAB Vs. KASHMIRI LAL AND ANOTHER

JUDGEMENT

(1.) This writ petition is filed to quash the award passed by the Presiding Officer, Labour, to the Bhatinda dated 9.8.1990.

(2.) The Ist respondent worked on daily wages as Pump Operator from 1.4.1983 till 31.10.1984 in the Water Supply Scheme Khuban district 31.10.1984. Thereafter, he raised an industrial dispute on 7.3.1989 which was referred to the Labour Court, Bhatinda under Sec. 10(i)(C) of the Industrial Disputes Act. The said reference was taken on file in Reference No. 487 of 1989. The Ist respondent, the workman appeared before the Labour Court. The writ petitioner has not adduced any evidence. On a consideration of the material on record the Labour Court held that the services of the Ist respondent were terminated without notice, charge-sheet, enquiry or compensation and the Management has not led any evidence in rebuttal. Accordingly it held the termination of the service as void ab initio being in contravention of the provisions contained in Sec. 25 of the Industrial Disputes Act, and accordingly directed the reinstatement of the workman with continuity of service. The Labour Court also awarded full back wages as the writ petitioner failed to adduce any evidence that the workman remained gainfully employed. It relied on the evidence of workman who deposed that he remained unemployed since the date of termination. Challenging the said award, the writ petition is filed.

(3.) The learned counsel for the petitioner before me challenged the order of the Labour Court awarding full back wages. According to him, there is a long delay of five years in making the demand on the part of the workman which clearly shows that he has been gainfully employed and this long delay in raising the dispute dis-entitles him to get full back wages. There is no dispute that the services of the Ist respondent were terminated on 31.10.1984 and that the Ist respondent raised an industrial dispute only on 7.3.1989 i.e. there is a delay of about 4 years and six months in raising the industrial dispute.