- (1.) Application for placing on record statement and affidavit of Naval Ram, BD & PO as Annexures P-4 and P-5 is allowed. The said Annexures are taken on record, subject to all just exceptions. CWP No. 13887 of 2013
(2.) Challenge in the present writ petition is to the award dated 08.04.2013 (Annexure P-1) passed by the Industrial Tribunal, Bathinda whereby, respondent no. 1-Balbir Singh has been ordered to be reinstated in the job at the same post on the same terms and conditions on which he was already working with the management.
(3.) The Industrial Tribunal also gave the relief of continuity of service with 30% back wages from the date of demand notice i.e. 25.11.2002 till his joining.Perusal of the award which has been impugned by the petitioner would go on to show that the workman was employed as a Sweeper @ Rs. 2,000/- per month in March, 1991 and worked for 18 years before his services were terminated on 01.07.2002 without complying with the mandatory provisions of the Industrial Disputes Act, 1947 (in short 'the Act'). The petitioner-management also retained juniors in service and appointed fresh hands. The Tribunal found that the workman was working as Sweeper on temporary basis and getting the salary as per D.C. rate and his services were terminated without notice, charge sheet, inquiry and compensation and disbelieved the defence of the management that workman had stopped coming on the job and that a new Sweeper was engaged on the same terms and conditions. A factual finding of fact was recorded that the petitioner had worked for more than 240 days preceding his termination and there is nothing on record to establish that he had left the job on his own. Admittedly, no notice was given to him to join his duty nor any charge sheet was issued or inquiry was conducted and a new person was engaged in his place. Thus, it was recorded that the respondents did not follow the mandatory procedure before engaging another person in his place. Accordingly, the reference was accepted and reinstatement was ordered, as noticed above.;