HARYANA STATE CO Vs. ISHWAR CHAND

JUDGEMENT

(1.) By this common judgment both the civil writ petitions bearing No. 2933 and 2934 of 1997 can conveniently be disposed of together as the questions in controversy in both the writ petitions are indentical. For the sake of convenience, facts from CWP No. 2933 of 1997 are being mentioned.

(2.) Haryana State Co-operative Supply and Marketing Federation Limited, Chandigarh, seeks quashing of the award passed by the Presiding Officer, Labour Court, Ambala, dated 3.10.1996. By virtue of the impugned award it was held that the workman is entitled to reinstatement and continuity of service with full back wages.

(3.) The relevant facts are that an industrial dispute was raised by the workman Ishwar Chand. The conciliation proceedings had failed and this led to the reference that was made to the Presiding Officer, Labour Court. The workman had been appointed as a Chowkidar on 1.1.1991. He claimed that his services were terminated on 19.9.1992, in an illegal manner without following the provisions of the Industrial Disputes Act. He was not paid any retrenchment compensaiton and the principle of last come first go was not followed. In reply the petitioner management had asserted that the workman only had continued working with the management till 31.3.1992. He was only appointed for a specific work and for a specific period. The learned Labour Court vide the impugned award held that the retrenchment had not been effected in accordance with Section 25-F of the Industrial Disputes Act. The workman was shown to have abandoned the job on extraneous considerations on 31.3.1992 while, in fact, he had served the department even in June, 1992. It was held that the provisions of Section 25-F of the Industrial Disputes Act had not been complied with.