LAWS(P&H)-2008-9-227

KASHMIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On September 08, 2008
KASHMIR SINGH Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) This petition has been filed by Kashmir Singh for quashing part of the award Annexure P.1 whereby full back-wages were not awarded to him.

(2.) The brief facts giving rise to this petition are that the petitioner was employed with the respondents since 1.9.1962 at a monthly salary of Rs. 640/-. As alleged, he had absented himself from duty. He was called upon to resume his duty by issuing notices as well as by way of publication in the newspaper. Despite that he did not join his duty. Eventually, his services were terminated without serving notice, charge-sheet and without holding enquiry. The matter was referred to the Labour Court. The following issue was framed by the Labour Court :-

(3.) After examining the record and hearing the representatives of the parties, the labour Court vide impugned order directed the respondent to reinstate the workman-petitioner with continuity of service with a further observation that the workman shall be deemed to be on leave of the kind due to him during the period of his unemployment and he will report for duty to the respondent within 20 days from the publication of the award.