- (1.) Concisely, the facts, culminating in the commencement, relevant for disposal of the instant writ petition and emanating from the record, are that Darshan Singh-workman(respondent No. l)(for brevity the workman") was appointed by the petitioner-Management of Punjab Agricultural University, Ludhiana(for short "the petitioner-Management") against the post of Beldar, vide appointment letter dated 20.11.1974 (Annexure P-1). As a consequence thereof, he joined his duty on 27.11.1974. He continued to discharge his duties till September 2, 1982. Ultimately, his services were terminated and his post was declared vacant by the petitioner-Management, by way of order dated 25.07.1983 (Annexure P-12). In pursuance of an industrial dispute raised by the workman, the appropriate Government referred the matter for adjudication to the Presiding Officer-cum-Labour Court. under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter to be referred as "the Act").
(2.) The case set-up by the workman, in brief, insofar as relevant, was that he served with the petitioner-Management as a Beldar for a period of eleven years, but his services were illegally terminated, without issuance of any charge-sheet, holding any enquiry and even without complying with the mandatory provisions of Section 25 of the Act, whereas his juniors were retained in service. On the basis of aforesaid grounds, the workman claimed his reinstatement with continuity of service and with full back-wages.
(3.) The petitioner-Management contested the claim of the workman and pleaded that he himself repudiated his contract of employment. He remained absent from duty for a long period. despite his subsequent leave applications were not sanctioned. The provisions of Section 25 of the Act were stated to be not applicable to the petitioner-Management and it denied other allegations contained in the claim petition of the workman and prayed for its dismissal.;