Bakshish Kaur, J. - (1.) PEPSU Road Transport Corpo -ration, Patiala (hereinafter referred to as the 'management') invoking the extra -ordinary writ jurisdiction of this Court prays for issuance of a writ in the nature of certiorari quashing the impugned Award dated October 1, 1997, Annexure P -6.
(2.) WAZIR Singh -respondent No. 2 (hereinafter referred as the 'workman') was appointed as Conductor on temporary basis. His services were terminated by the management which gave rise to the industrial dispute and the matter was referred for adjudication to the Labour Court, Patiala, under Section 10(1)(c) of the Industrial Disputes Act, 1947 (in short the 'Act'). The date of appointment of the workman given by both the parties is distinct. According to the workman, he was appointed as a Conductor on 1.10.1961 and he had been working as such up to 10.10.1964. His services were terminated without any charge -sheet, enquiry or paying any compensation. His retrenchment is, therefore, wrongful and illegal.
(3.) THE management resisting the claim of the workman averred that he was appointed as a Conductor on temporary basis for one month only w.e.f. 4.7.1964 vide order No. 2298/PRTC dated 29.7.1964. Since the record of the workman was not good and on account of shortage of Rs. 688/ - in cash, he was removed from service on 11.10.1964 in accordance with the provisions of law. Appeal preferred by the workman was also rejected by the Deputy General Manager, PRTC, Patiala on 2.3.1982, Thereafter, he served a demand notice on 5.3.1982, after a lapse of about 18 years. The award passed by the Presiding Officer, Labour Court in answering the reference in favour of the workman is based on misrepresentation therefore, it is not sustain -able in the eyes of law.;