DESA AND OTHERS Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, AMRITSAR AND OTHERS
LAWS(P&H)-2014-9-603
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 30,2014

DESA AND OTHERS Appellant
VERSUS
Presiding Officer, Industrial Tribunal, Amritsar And Others Respondents

JUDGEMENT

- (1.) The petitioners impugn the award dated 9.9.2011. They along with several others had raised an industrial dispute questioning the validity of termination of their services. The specific case set up by the petitioners was that they had been appointed against regular posts and served the respondents with effect from 19.3.1998 to 1.4.2002 when their services were terminated.
(2.) The case of the respondents on the other hand was that the petitioners were never appointed against regular posts but rather they were contractual and worked merely for four months from1.12.2001 to 31.3.2002. A specific case was set up by the respondents that the petitioners never worked continuously for more than 240 days in a calendar year and therefore they were not entitled to the benefit of the provisions of the Industrial Disputes Act.
(3.) The Industrial Tribunal framed the following issues :- "1. Whether the termination of the services of workmen is justified or not 2. Whether the reference is not maintainable 3. Whether the workmen concealed the material facts from the Tribunal 4. Relief.";


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