S.S.NIJJAR, J. - (1.) THE petitioner was working as ,a Conductor with respondent No. 2 when his services were illegally terminated on 06.10.1977. Initially, perhaps on the wrong advise of his advocate, the petitioner filed a civil suit challenging the order of termination of his service. The respondents took a preliminary objection to the maintainability of the civil suit on the ground that the petitioner would have to seek a reference as provided under the Industrial Disputes Act (hereinafter referred to as 'the, Act'). The suit was dismissed on 05.05.1980 by the learned Senior Sub Judge, Amritsar, holding that the civil Court had no jurisdiction to try this suit. The plaint was returned to be presented to the appropriate Court if the petitioner so desires. Immediately, on the plaint being returned, on 30.5.1980, i.e. after 25 days of the return of the plaint, the petitioner served a demand notice on the respondents under the Act. The reference was duly made.
(2.) ON the pleadings of the parties, the following issues were framed: - 1. Whether termination of the services of the workman is justified and in order? 2. Relief. After due appreciation of evidence, the Labour Court decided the issue in favour of the petitioner. The Labour Court held that no fresh appointment could be offered to the petitioner who was already in service. Therefore, the order of termination was held to be void. It was directed that the petitioner be given the benefit of past service and the same be treated as continuous. However, when it came to the granting of back wages, the Labour Court has held as follows; - 'In view of my findings above, the workman is reinstated with continuity of service. However, so far as back wages are concerned, the demand notice was issued on 30th May, 1980 more than two and half years after the termination of services and more than two years and three months after the order dated 11th February, 1977 was passed by the General Manager. He had also been cultivating the land alongwith his brothers. He did not make any effort for a job anywhere etc. For these reasons, no back wages are awarded. The parties are left to bear their own costs. The management shall reinstate the workman as soon as the award becomes enforceable. H.S.BakshiDated the Presiding Officer14th July, 1986. Labour Court, Amritsar.'
(3.) I have heard the learned counsel for the parties and perused the record of the case.;