SHAKA SON OF PHAKAR RAM Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA AND ANOTHER
LAWS(P&H)-2014-12-318
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 03,2014

Shaka Son Of Phakar Ram Appellant
VERSUS
Presiding Officer, Industrial Tribunal, Patiala And Another Respondents

JUDGEMENT

- (1.) The instant writ petition is directed against the award dated 13.11.2013 passed by the Presiding Officer, Industrial Tribunal, Patiala whereby, while answering the reference in favour of the petitioner - workman, compensation of Rs. 10,000/- has been awarded in lieu of reinstatement.
(2.) Ms.Monika Jalota, Advocate appearing for the petitioner would, at the very outset, make a statement that she is confining the scope of the instant writ petition only as regards enhancement of compensation, and the relief of reinstatement is not being pressed.
(3.) Mr.Kanwalvir Singh Kang, learned counsel appearing for the Municipal Corporation, Patiala respondent No.2, would vehemently oppose the prayer as regards enhancement of compensation by submitting that even though the workman had alleged his date of termination to be 1.10.1994, yet the demand notice is dated 25.4.2005 and as such, there was a delay of more than ten years in having raised the industrial dispute. Learned counsel would contend that against the backdrop of such inordinate delay, no case for enhancement of compensation is made out. In furtherance of such submission, reliance has been placed upon the decision of the Hon'ble Supreme Court in Assistant Engineer, Rajasthan Dev. Corp. and Anr. v. Gitam Singh, 2013 2 SCT 30.;


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