S.B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against a judgment and order dated 17.08.2004 passed by the Punjab and Haryana High Court in C.W.P. No. 9147 of 2002 whereby and whereunder the writ petition filed by the appellant questioning the validity of an award dated 14.03.2002 directing it to reinstate the respondent-workman with full back wages was dismissed.
(3.) Appellant is a co-operative society. It appointed the respondent on 1.07.1987 on the post of clerk. His services were terminated in the year 1990. Questioning the said order of termination, an industrial dispute was raised. An award was made on 3.11.1995 directing the appellant to reinstate the respondent-workman. Appellant-Society, however, had been suffering losses. Till 1996, it suffered a loss of Rs. 18.95 lakhs. The Board of Directors held a meeting on 21.02.1997 wherein a resolution was passed to the effect that the services of some of the employees should be dispensed with. Pursuant thereto or in furtherance thereof, the services of the respondent amongst others were dispensed with on payment of one months salary. Yet again, an industrial dispute was raised. By an award dated 14.03.2002, the Industrial Tribunal-cum-Labour Court directed : "21. Sequal to the findings on above issues, this reference is hereby answered accordingly against the respondents Society and in favour of the workman, to the effect that termination of services of Sushil Kumar was neither in order, nor justified. He is entitled to reinstatement with full back wages, with continuity and with all other consequential service benefits." ;