GURVINDER SINGH RANA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THIS is a petition filed by Gurvinder Singh Rana (hereinafter described as 'the petitioner') for quashing the award passed by the Presiding Officer, Labour Court, Patiala dated 3. 3. 1992. By virtue of the impugned order the learned Labour Court had held that petitioner-workman is not entitled to any relief.

(2.) THE facts alleged are that petitioner was appointed as a Clerk on temporary basis by the Punjab School Education Board on 27. 12. 1971. He had been put on probation for a period of two years and was confirmed w. e. f. 3. 1. 1971. Vide order passed by respondent No. 2 dated 19. 12. 1975. In March, 1975, the petitioner had proceeded on leave because of his mother's sickness. It is his case that for reasons beyond his control, he could not join. A letter was received by the petitioner on 19. 5. 1975, pointing that he must join otherwise his services shall be terminated. He had submitted the reply explaining the circumstances and prayed for extension of leave upto 31. 7. 1978. The petitioner's services were terminated vide letter dated 22. 7. 1978, w. e. f. March, 1975. No notice had been issued and no retrenchment compensation was given.

(3.) THE petitioner's case is that the order passed by the learned Labour Court is without jurisdiction because no enquiry was conducted and no show cause notice had been issued to the petitioner. He was a confirmed employee and his services could not be terminated. He further asserted that appeal was pending which was not decided for years and, therefore, there was delay in getting the reference made into the Labour Court.