- (1.) CHALLENGE in the present writ petition is by the Punjab State Electricity Board (hereinafter referred to as 'the Board') to the award dated 13.12.2005 (Annexure P -1) whereby, respondent no. 2 has been reinstated with continuity in service by the Labour Court, Patiala. However, he was not entitled to claim any back wages.
(2.) THE writ petition was admitted for regular hearing on 11.01.2008 and the interim order was passed in which the compliance of Section 17 -B of the Industrial Disputes Act, 1947 (in short 'the Act') was to be made since an affidavit had been filed by the workman.
(3.) A perusal of the paper book would go on to show that the workman was appointed on 01.05.1986 to 31.03.1987 and was drawing Rs. 480/ - per month as labour at the time of his termination. It was alleged that he had worked for more than 240 days in the last calendar year and new appointments had been made by the Department after his termination. The provisions of Sections 25 -F, 25 -G and 25 -H of the Act had been violated. In the written statement (Annexure P -3) filed, the plea taken was that he had abandoned the services w.e.f. 26.03.1987 and he had never worked continuously with the respondent from 01.05.1986 to 31.03.1987 and never worked more than 240 days in the last calendar year, as alleged in the claim statement. The Labour Court, after taking into account the statement of the workman who appeared as WW -2 and his witness Surinder Pal WW -1 and the defence evidence of Sham Sunder, came to the conclusion after examining the muster roll of March, 1987 that mark 'A' had not been put in the concerned column and the workman has not been shown absent and the column had been left blank and, therefore, the workman could not be held to be absent. It was observed that since no explanation has been sought by writing the letter to the workman regarding his absence, it could not be proved that the workman had abandoned his duties after 31.03.1987 or he had left the services. It was also noticed that the workman had raised the dispute after a delay of 9 years. Accordingly, the benefit of reinstatement was given without the benefit of back wages.;