BALWANT SINGH Vs. PRESIDING OFFICER INDUSTRIES TRIBUNAL CUM LABOUR COURT PANIPAT
LAWS(P&H)-2001-9-5
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 06,2001

BALWAN SINGH Appellant
VERSUS
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PANIPAT Respondents

JUDGEMENT

S.S.NIJJAR, J. - (1.) This petition under Article 226/227 of the Constitution of India seeks issuance of an appropriate writ, order or direction quashing the impugned award dated May 11, 2000, passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court (hereinafter referred to as the Labour Court) only to the extent where it is held that the Irrigation Department is not an industry.
(2.) The petitioner was appointed on July 1, 1991 as Beldar with respondents No. 2 to 4 (hereinafter referred to as the management). His services were terminated by an order dated February 20, 1994 without issuing any notice or payment of any compensation as required under Section 25-F of the Industrial Disputes Act (hereinafter referred to as the Act). The petitioner raised an industrial dispute by serving a demand notice dated January 19, 1995. The appropriate Government referred the dispute to the Labour Court under Section 10(l)(c) of the Act. The workman reiterated his stand taken in the demand notice. The management filed the written statement. After completion of the pleadings, the Labour Court framed the following issues: 1. As per terms of reference? 2. Whether the applicant has got no cause of action/locus standi to file the present claim? 3. Whether the applicant is estopped from filing the present application by his own act and conduct? 4. Whether the Honble Court has got no jurisdiction to entertain and decide the present application? 5. Relief.
(3.) On issue No. 1, the Labour Court came to the conclusion that the workman has worked for more than 240 days preceeding the day of termination of his services. It is also held that Section 25-F of the Act has not been complied with therefore, termination of service of the petitioner is illegal and unjustified.;


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