AVTAR SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, petitioner Avtar Singh, formerly Auction Recorder, Market Committee, Amritsar, has challenged the award dated 12th June, 1986, of the Presiding Officer, Labour Court, Amritsar (Annxure P.10), by which the reference made to the Labour Court was dismissed, thereby upholding the termination of services of the petitioner by the Market Committee, Amritsar, with effect from 1st July, 1977.

(2.) Briefly stating, the petitioner was appointed as Auction Recorder on 12th November, 1976. Later on, by a resolution dated 9th March, 1977, the Market Committee, Amritsar, regularised the services of the petitioner and confirmed him as Moharrir against a permanent post and he continued to work as such till 30th Juue, 1977. However, on 1st July, 1977, his services were terminated and, according to the petitioner, this termination was without any notice, chargesheet, inquiry, etc. On a reference made to the Labour Court, the management was called upon to justify the termination of services and in reply thereto Market Committee gave a very brief reply which is reproduced below in extenso :

(3.) Mr. J.C. Verma, Advocate, learned counsel for the petitioner, has vehemently contended that in the first instance the learned Labour Court could not go beyond the reference and, therefore, the only task of the Labour Court was to adjudicate as to whether the termination of services of the petitioner-workman was illegal or not. In any case, according to the learned counsel, the finding arrived at by the Labour Court on the other question, that is, relationship of employee and employer, was wholly incorrect as most of the material evidence available on the record was not considered by the Labour Court.