- (1.) Succinctly, the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that petitioner Nirmal Singh workman (for brevity "workman") was working as a Secretary with the management of The Cheema Khurd Dhak, Cooperative Agricultural Service Society Ltd. respondent No. 1 (for short "the management"). Having rendered more than 13 years, his services were stated to have been illegally terminated on 15.9.1979 by the management. He filed the appeal against the order of termination, which was allowed by the Assistant Registrar (for brevity "AR"), Cooperative Societies, vide order dated 15.4.1981. Although the petitioner reported for duty, but he was not allowed to join the service.
(2.) The workman claimed that as neither management allowed to join his duty nor paid him the arrears of wages, therefore, he filed an execution application under section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter to be referred as "the Act"). During the course of these proceedings, the management took the objection that the order of AR was null and void. In view of this objection, the petitioner withdrew his execution application. The civil suit filed by the workman was dismissed on the ground and the objection of management that the civil Court has no jurisdiction to try the suit.
(3.) Finding no alternative, the workman then raised an industrial dispute under section 10 of the Act, which was referred for adjudication to the Presiding Officer of the Industrial Tribunal-cum-Labour Court by the appropriate Government.;