MUNICIPAL CORPORATION Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing award dated 04.02.2015 (Annexure P/3) passed by learned Industrial Tribunal, Amritsar (for short, "learned Tribunal") whereby respondent No.2 - workman has been ordered to be reinstated with continuity of service and full back wages.

(2.) Facts relevant for the purpose of decision of this writ petition; that respondent-workman was employed as Tubewell Operator from 06.09.1997 to 31.08.1998 under the control and supervision of petitioner department. His services were terminated without issuing any show cause notice or payment of retrenchment compensation.

(3.) The workman raised an industrial dispute on the basis of which, reference was made. Before learned Tribunal, the Management (petitioner herein) took the stand that the workman was not the employee of the department, rather he worked under the Contractor and there was no relationship of employer and employee between the parties. Neither the post against which the workman was employed, was advertised nor any appointment letter was issued to the workman and the demand raised by the workman against the petitioner-Management was not maintainable.