- (1.) The Municipal Council, Rampuraphul District Bathinda is before this Court in this petition filed under Articles 226/227 of the Constitution praying that the Award of the Labour Court dated 13.07.2010 (Annexure P-3) be set aside. The Award grants reinstatement with continuity of service and full back wages.
(2.) The admitted facts are that the respondent-workman was appointed as a Pump Operator and worked with the Municipal Corporation from 05.12.1992 till 11.02.1997 when his services were terminated without any notice, charge sheet, inquiry or compensation. The evidence led on record establishes that the workman was appointed as a Pump Operator on permanent/regular basis. He was, therefore, a regular employee on salary. The office order dated 18.10.1996 in support of the submission has been placed on record as Annexure P-5. It was duly exhibited on the record of the Labour Court as Ex.W/3. A finding of fact has been recorded that there was non-compliance of Section 25-F of the Industrial Disputes Act, 1947 and the termination consequently was illegal, unjustified and void. It was unfortunate that the Municipal Corporation took the plea that the workman had not completed 240 days in the preceding 12 months from the date of termination. This plea would not hold good in the face of the fact that workman was a regular employee up to the date of illegal termination. The award in my view may not be elaborate or articulate in its reasoning but is correct in its findings.
(3.) This would not be the end of the matter. One aspect needs a closer look. The issue of back wages and admissible from which date. The date of termination in the present case is 11.02.1997. The statement of claim was filed by the workman for the first time before the Labour Court on 05.12.2003. The industrial reference proceedings were instituted before the Labour Court on 14.12.2001. There is nothing on the record to disclose the date of demand notice. Back wages would normally be referable from the date of demand notice when a dispute or difference is raised for the first time to make it an industrial dispute. In the absence of any evidence of the date of demand notice, I think the Labour Court award deserves to suffer modification to the extent that the back wages would run from 14.12.2001. I think that date would be just and appropriate to balance out the equities of the case between the parties.;