BANSI LAL Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) In this Civil Writ Petition filed under Articles 226/227 of the Constitution of India, the petitioner prays for the issuance of a writ in the nature of Certiorari for quashing the impugned order dated 7.10.2003, Annexure P-5, passed by respondent No. 1.

(2.) The facts necessary for the disposal of this Civil Writ Petition are that the petitioner was appointed as a Helper on daily paid basis on 8.1.1992 and his work and conduct was satisfactory. He was paid wages as per D.C. rates. Despite the petitioner has worked for more than five years and has completed 240 days in the last preceding year, his services were terminated on 17.8.1997 without any reason.

(3.) It is further pleaded by the petitioner that before termination of his services, no charge sheet was issued to him. No enquiry was conducted by the respondent and no opportunity of personal hearing was also granted to him. Even, no show cause notice was issued to him before termination of his services. His services were terminated in an arbitrary manner and in violation of provisions of Industrial Disputes Act, 1947 (in short the Act). No seniority list was prepared and juniors to him were retained in service. When he was not reinstated, he sent demand notice dated 9.2.2001. The Government sent the matter to the Labour Court for adjudication. The Labour Court, vide award dated 7.10.2003, answered the reference in favour of the respondent/management and against the workman by holding that it was obligatory on the part of the employee to raise an industrial dispute within reasonable time after termination of his services. The reasonable period should not be more than one year. Hence, it was held that the services of the petitioner were not terminated, rather he himself had abandoned the job at his own will.