LAWS(P&H)-1996-3-183

RAM KARAN Vs. PRESIDING OFFICER

Decided On March 07, 1996
RAM KARAN Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) Workman Ram Karan has filed this petition for quashing of the award, Annexure P-6, passed by the Labour Court, Jalandhar, whereby relief of reinstatement has been declined and an alternative relief of compensation amounting to Rs.10,000/- has been given to the petitioner.

(2.) From the record, it is revealed that the workman was appointed as Sweeper on 9.2.1982 in the service of the Punjab Roadways at Jalandhar-II Depot. He continuously served in the said depot till 1988 when his services were terminated without compliance of the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947.

(3.) After considering the evidence produced by the parties, the Labour Court held that the workman had in fact served for a period of more than 240 days and he was, therefore, entitled to the protection of Section 25-F. Even after recording this conclusion, the Labour Court declined the relief of reinstatement on the ground that no vacancy is left with the employer after 13.11.1987.