BALDEV SINGH Vs. LABOUR COURT

JUDGEMENT

(1.) THIS petition on behalf of the workman is directed against the award of the Labour Court dated December 18, 1984, whereby his termination order dated June 2, 1979 was held to be illegal and inoperative and he was directed to be reinstated in service with all the benefits of its continuity. As regards the back wages he was to be paid only half of it, i. e. , for the period he had been out of job. It is this part of the award which is being challenged by the workman in this petition.

(2.) IT will not be out of place to mention here that the management, Punjab Agro Industries Corporation, had also filed a writ petition being C. W. P. No. 220 of 1985 challenging the said award of the Labour Court reinstating the workman. The said petition was admitted to Division Bench, as it was ordered to be heard along with connected C. W. P. 616 of 1985. The question involved therein was as to whether in calculating 240 days, Saturdays, Sundays and paid holidays were to be included or not. The said question was answered in favour of the workman in view of the Supreme Court decision in Workmen of American Express International Banking Corporation v. American Express International Banking Corporation (1985 2 LLJ539), and consequently the writ petition filed by the management was dismissed vide order dated Septembers, 1988.

(3.) IT is most surprising and unfortunate that none of the counsel for the parties brought to the notice of the Court during the decision of C. W. P. No. 220 of 1985 that the present writ petition against the said award is also pending on behalf of the workman. Had this been brought to the notice of the Bench, this petition could have also been disposed of along with that, and, thus, saved the public time.