MEHAR SINGH, CONDUCTOR Vs. PUNJAB ROADWAYS, NAWANSHAHR, DISTRICT JALLANDHAR THROUGH ITS GENERAL MANAGER & OTHERS
LAWS(P&H)-1990-8-117
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 01,1990

Mehar Singh, Conductor Appellant
VERSUS
Punjab Roadways, Nawanshahr, District Jallandhar Through Its General Manager And Others Respondents

JUDGEMENT

Amarjeet Chaudhary, J. - (1.) The Punjab Government vide its notification dated 14th January, 1982 referred an industrial dispute under Section 10(l)(c) of the Industrial Disputes Act, 1947 for adjudication. The point in dispute was as follows: "Whether termination of services of Shri Mehar Singh, Workman, is justified and in order ? If not, to what relief/exact amount of compensation is he entitled."
(2.) The learned Labour Court reached to a conclusion that enquiry was held in violation of the mandatory provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and against the principles of natural justice and that stands vitiated. In view of this finding arrived at, the Labour Court directed the Management to reinstate the petitioner-workman in service with continuity of service within 30 days of the publication of the award but did not award the back wages. The petitioner is aggrieved against the award of the Labour Court qua not granting him the back wages. The counsel for the petitioner contends that when a Court comes to conclusion that the termination of services of the workman was not justified, it should award back wages to him. He further contends that the Labour Court has not assigned any cogent reasons for denying the back wages to the petitioner.
(3.) I have considered the submissions made at the Bar and perused the entire paper book.;


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