MANAGING DIRECTOR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This order will dispose of the aforementioned six writ petitions arising out of identical awards made by the Presiding Officer, Industrial Tribunal, Bathinda on 31.10.2011 in six separate references instituted in May, 1997 involving the legality of the order(s) dated 26.11.1996, whereby services of the workmen/respondents No.2 were terminated w.e.f. 30.11.1996 following charges of misconduct. The Industrial Tribunal at Bathinda has answered the reference(s) in favour of the workman ordering reinstatement with continuity of service and 50% back wages. The back wages were ordered to be paid within two months from the publication of the award, failing which they were entitled to interest at the rate of 6% p.a. from the receipt of the reference i.e. 21.05.1997. They have also been held entitled to costs of Rs.2200.00 in each case from the Management. Aggrieved by the award(s), the Management, a private bus operator, is before this Court for quashing the award(s) urging them to be perverse, misconceived and illegal.

(2.) Since the issue involved in all these cases is common, they can conveniently be decided by a consolidated order. However, for facility of reference, the facts, which are similar in all the cases, are taken from CWP No.8952 of 2012.

(3.) The dispute began when the Coordination Committee of All Private Transport Workers Unions, District Faridkot, Ferozepur served a demand notice dated 28.02.1996 on the petitioner-company demanding that management regularize the services with all service benefits of two Mistris; two Conductors and one Adda Service Incharge, who had spent 3-6 years in service. In case, the Management did not wish to negotiate and settle the demand, in such eventuality, the Union will be entitled to resort to direct action by way of agitating the demands through rallies, processions, demonstration, strike, 'gherao' of buses with the ensuing consequences for which the management would be responsible. Those five persons are not the respondent/s in these six cases. The notice period was 15 days.