DIRECTOR FOOD AND SUPPLIES, PUNJAB, CHANDIGARH AND ANOTHER Vs. SUKHPAL AND ANOTHER
LAWS(P&H)-2011-5-411
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 24,2011

DIRECTOR FOOD AND SUPPLIES, PUNJAB, CHANDIGARH AND ANOTHER Appellant
VERSUS
SUKHPAL AND ANOTHER Respondents

JUDGEMENT

- (1.) As identical question of law and facts are involved, therefore, I propose to dispose of the instant writ petitions, by virtue of this common judgment, in order to avoid the repetition.
(2.) The compendium of the facts, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that workmen Sukhpal and Gian Singh respondent No. 1 (in both the petitions) (for brevity "the workmen") were appointed as Chowkidars on daily wages by the office of petitioner-Director, Food and Supplies, Punjab (for short "management"). Their services were stated to have been illegally terminated on 1.1.1988 (in CWP No. 1360 of 1994) (in short "first case") and on 27.2.1987 (in CWP No. 1361 of 1994) (for brevity "second case") by the management, without following the due procedure and without payment of any compensation. In the wake of industrial dispute raised by them, the appropriate Government referred the matter for adjudication to the Labour Court (in short "LC"), in view of the provisions of section 10 of the Industrial Disputes Act (hereinafter to be referred as "the Act").
(3.) The case set up by the workmen, in brief in so far as relevant, was that they have put in 3-1/2 years of service (in first case) and more than 4-1/2 years (in second case) and their services were illegally terminated without issuing any notice, charge sheet, holding any inquiry and without payment of retrenchment compensation under section 25F of the Act. On the basis of aforesaid allegations, they claimed their reinstatement with continuity of service and full back wages.;


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