MAJOR SINGH Vs. LABOUR COURT, BHATINDA
LAWS(P&H)-1993-8-211
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 17,1993

MAJOR SINGH Appellant
VERSUS
LABOUR COURT, BHATINDA Respondents

JUDGEMENT

- (1.) The three petitioners' viz. Major Singh, Sukhmander Singh and Sukhdev Singh were employed with the Sarwan Cooperative Agricultural, Service Society Limited (hereinafter referred to as a Society). Their services having been terminated, they raised industrial disputes which were referred to the Labour Court, Bathinda. Vide its order dated November 21, 1985, the Labour Court inter alia held that the three workmen "were removed from service for no fault except that they went on strike. The orders of termination of services of Sukhdev Singh, Major Singh and Sukhmander Singh, are therefore, not justified." Accordingly, the court held that the three workmen were entitled to be reinstated. The prayer for the grant of back-wages was however, declined. Aggrieved by this action of the Labour Court, the three workmen have approached this Court through these three petitions viz. Civil Writ Petitions Nos. 1537, 1612 and 1613 of 1986. The issue involved being common, these are being disposed of by one order.
(2.) Mrs. Sabina, learned counsel for the petitioners has, at the outset, pointed out that these cases were placed before the Lok Adalat when the matter was settled by a mutual compromise. Identical proceedings had been recorded by the Lok Adalat on July 27, 1991 in all the three cases. Those in Civil Writ Petition No. 1537 of 1986 were to the following effect : "Petitioner in this case was ordered to be reinstated without back wages. The matter has been amicably settled between the parties and the respondent-Society is prepared to pay 50% of the last pay drawn as back-wages Petitioner has already been ordered to be reinstated. Petitioner shall not be entitled to any other sum except 50% of the last pay drawn as compensation. The amount due shall be paid to the petitioner in two equal instalments. First instalment shall be payable on or before 15.9.1991. Case be placed before the learned Single Judge on 9.8.1991. Sd/. (Major Singh) workman, Sd/- (Ashok Bhan) Judge, Sd/- (Balwant Singh) Re. of the respondents, Sd/- (Munishwar Puri) Member , Sd/- (K.K. Doda) Member, July 27, 1991, Sd/- (Payal Kapobr) Member" Since the parties had settled the dispute by a mutual compromise which appears to be just and fair, it is directed that in accordance with the above, the workmen shall be entitled to the payment of 50% of the last pay drawn as compensation. At the time when the matter was considered by the Lok Adalat, dates for payment were fixed. In case, the necessary payment has not been made so far, respondent No. 2 is directed to do the needful within two months from the date of receipt of a copy of this order.
(3.) The writ petitions are disposed of in the above terms. There will be no order as to costs. Orders accordingly.;


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