- (1.) The petitioner is aggrieved by the award of the Labour Court, Jalandhar. A copy of the award has been produced on record as Annexure P-4. The Labour Court has declined to go into the dispute between the parties on the ground that in fact the services of the petitioner had been terminated on September 7, 1985 and, therefore, no dispute existed on August 17, 1985. A few facts may be noticed.
(2.) The petitioner avers that he was appointed as an Accountant with the respondent M/s Thakur Dass and Company (respondent No. 2) on June 1, 1979. It is admitted position between the parties that on August 7, 1985 a notice was given to the petitioner by which he was informed that "the Management had decided to terminate his services w.e.f. 7.9.1985 on the ground that you are not able to do the work assigned to you. Your dues in respect to your salary and others will be settled by the Company on or before 7th of September, 1985." The petitioner avers that his services were actually terminated on August 17, 1985 and the charge of the cash etc. was taken from him. Aggrieved by the action of the respondent-company, the petitioner served Notice of Demand dated April 8, 1986 (Annexure P-3). The Government referred the following dispute for adjudication : "Whether termination of service of Shri Rakesh Kumar workman, is justified and in order If not, to what relief/exact amount of compensation is he entitled -
(3.) On the basis of the pleadings of the parties, the learned Labour Court framed the following two issues :- (i) Whether termination of service of the workman is justified and in order (ii) Relief.;