- (1.) THE Punjab State Cooperative Supply and Marketing Federation Ltd, the appellant filed Civil Writ Petition No. 8611 of 1990 to impugn an award passed by the Labour Court at Bathinda on 05.12.1989. Vide that award, Balwinder Singh, respondent No.2 was ordered to be reinstated with continuity in service and full back wages.
(2.) AS per facts on record, respondent No.2 entered in service of the appellant on 25.06.1984 on daily wages. He worked till 24.10.1985. For remaining absent from duty, his service was terminated. He raised an industrial dispute. The matter was referred to the Labour Court for adjudication. Both the parties led their evidence in support of their claim and on analysis thereof, vide award dated 05.12.1989, respondent no.2 - the workman was ordered to be reinstated in service with full back wages.
(3.) LEARNED Single Judge dismissed writ petition filed by the appellant on 03.09.2012 simply by noting that before ordering termination, there was no compliance to the mandatory provisions of Section 25 -F of the Industrial Disputes Act, 1947 (for short 'the Act'). It was also so said by the Labour Court in its award dated 05.12.1989. It is necessary to mention here that when notice of motion was issued on 31.05.1990 operation of the order passed by the Labour Court was stayed. In view of the above, respondent No.2 - workman remained out of service till today. Counsel for the appellant has contended that the termination order was justified as the respondent -workman was absent from duty.;