SUKHJINDER SINGH Vs. DIRECTOR STATE TRANSPORT

JUDGEMENT

(1.) BY this order, we are deciding the above mentioned two petitions one of which has been filed by the workman for directing the respondents to implement the award dated June 1, 1993 passed by the Labour Court, Gurdaspur and the other has been filed by the employer for quashing of the said award.

(2.) THE facts necessary for deciding these petitions are that on February 3, 1989, Sukhjinder Singh served a demand notice upon the General Manager, Punjab Roadways, Pathankot claiming reinstatement with continuity of service and full back wages by alleging that after he had continuously worked from January 6, 1988 to December 31, 1988, the employer terminated his service without charge sheet, notice and retrenchment compensation. On account of parties failure to settle the dispute the government made a reference under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short 'the Act' ). In the statement of claim filed by him, the workman pleaded that he was employed as a Helper Electrician since January 1988, and his service was terminated w. e. f. December 31, 1988 without any charge-sheet, enquiry and without payment of retrenchment compensation. He prayed for reinstatement with continuity of service and full back wages. In the written statement filed on behalf of the respondent, namely, the General Manager, Punjab Roadways, Pathankot, it was stated that the workman has worked in the Punjab Roadways for some time on daily wages as per the rates approved by the Deputy Commissioner, Gurdaspur. He further stated that the workman was not appointed on permanent basis and that he was not getting Rs. 900/- per month as wages. The assertion of the workman regarding the termination of service was also denied and it was pleaded that he was appointed for specific period and after the expiry of the period he was not allowed to work because no work was left for him.

(3.) BEFORE the Labour Court the workman Sukhjinder Singh appeared in the witness box to support his claim and made the following statement: