LAWS(P&H)-1997-5-261

HARYANA STATE ELECTRICITY BOARD Vs. SANTOSH GAUBA

Decided On May 16, 1997
HARYANA STATE ELECTRICITY BOARD Appellant
V/S
Santosh Gauba Respondents

JUDGEMENT

(1.) Challenging the award passed by the Industrial Tribunal, Faridabad, dated Dec. 9, 1982, the petitioner approached this Court by way of this writ petition.

(2.) Respondent No. 1 who was employed as a Teacher in the Primary School, Faridabad, run by the Haryana State Electricity Board, raised an industrial dispute questioning the termination of her services by the Board. The said dispute was referred to the Industrial Tribunal for adjudication under the Industrial Disputes Act. The Tribunal on the basis of the material placed before it, found that the termination of the services of respondent No. 1 was in contravention of the provisions of Industrial Disputes Act and, therefore, set aside the order of termination and directed reinstatement with back wages from Nov. 26, 1980.

(3.) In this writ petition, the only point that was urged on behalf of petitioner-H.S.E.B. is that respondent No. 1 is not a workman within the definition of Sec. 2(s) of the Industrial Disputes Act and, therefore, the Industrial Tribunal has no jurisdiction to decide the dispute and, therefore, the impugned award is liable to be quashed.