G.S.SANDHAWALIA, J. - (1.) THIS order shall dispose of CWP Nos.27255 of 2013 of along with 14 other connected cases, details of the parties are given at Annexure 'A', appended with this judgment, involving common questions of facts and law. However, to dictate judgment, facts have been taken from CWP No. 27255 of 2013 titled Harpal SinghVs. Industrial Tribunal, Patiala and others.
(2.) THE present writ petition has been filed challenging the award dated 25.07.2013 (Annexure P1) whereby the Labour Court, Patiala has granted a sum of Rs.10,000/ - only as compensation in lieu of reinstatement. The claim of the workman -Harpal Singh is that he had worked for more than 12 years from 01.01.1992 to 26.02.2003 and his services were illegally terminated on 27.02.2003. He was engaged on daily wage basis and was getting Rs.80/ - per day. The said act of the Management was illegal, mala fide and amounted to unfair labour practice and in violation of the mandatory provisions of the Industrial Disputes Act, 1947 (for short, the 'Act'). In defence, the plea taken by the respondent -Management was that the worker never worked with the respondents and was not paid per day and the relationship of employer -employee was denied. Accordingly, it was submitted that there was no need to send any notice, chargesheet and the question of termination did not arise.
(3.) THE workman stepped into the witness box as WW1 and submitted that new labourers had been engaged by the respondents after his termination. It was averred that salary was paid by way of cheque, which was deposited in the State Bank of Patiala, Patran Branch and various cheques were issued in his name. The official of the Bank, Lakhwinder Singh, Senior Clerk was also examined to prove the opening of the account and the payments made through cheque by the respondents. Jarnail Singh, posted as Helper was also examined as WW2 along with Bittu Singh as WW3. The Management examined Jagmohan Singh, Warehousing Manager, who denied the allegations and stood by the written statement, denying the relationship itself.;