- (1.) Assailed in this appeal is the judgment dated 10.5.2010 passed by learned Single Judge of this High Court dismissing the Civil Writ Petition preferred by Malwa Khalsa Sr.Secondary School (herein referred as 'the petitioner') against respondent No. 2 Raj Kumar - workman (herein referred as 'the workman').
(2.) Undisputed facts are that respondent No. 2 was appointed as a Science Laboratory Assistant under the petitioner w.e.f. 19.7.1991 and he continued under its Management until his termination on 20.7.1996. A dispute was raised. Consequently, a demand notice was issued by the workman on 13.8.1996, which was referred to the Labour Court, Ludhiana vide reference No. 646 of 1997, which ended into a settlement between the parties and the Labour Court vide order dated 10.11.2000 (Annexure P-1) passed the following award :- "This reference was taken up today. The parties have come to a voluntary settlement and given statements to the effect that the workman shall be reinstated with continuity of service but without back wages on his reporting for duty on 13.11.2000, on the previous terms and conditions. The workman, therefore, is directed to report for duty on 13.11.2000. The reference stands answered accordingly. No order as to costs. Sd/- S.K. Aggarwal Presiding Officer 10.11.2000 Labour Court, Ludhiana"
(3.) Pursuant to the aforesaid award, the workman joined the services of the petitioner. However, again his services were terminated w.e.f. 31.05.2001. The assertion made by the workman was that he was not allowed to join duty after vacation. As such, the workman was again impelled to issue the demand notice, which resulted into the reference, whereby, on 23.12.2009, an award was passed by Labour Court, Ludhiana in favour of the workman with costs entitling him to reinstatement with continuity of service with full back-wages.;