- (1.) The instant writ petition is directed against the award dated 24.7.2013 passed by the Presiding Officer, Industrial Tribunal, Patiala whereby while answering the reference in favour of the workman/present petitioner, the relief of reinstatement has been denied and a compensation of Rs. 10,000/- has been awarded.
(2.) Counsel for the parties have been heard.
(3.) Perusal of the award would reveal that a finding as regards non-compliance of Section 25-F of the Industrial Disputes Act (for short 'the Act') has been recorded. The case of the workman was that he had put in continuous service as Helper/ Chowkidar with the employer on daily wage basis from November 2000 to 30.4.2003. Evidence in the shape of Exhibit M2 was adduced by the Management, as per which, the workman had worked for 234 days from June 2002 to May 2003 i.e. 26 days each from June 2002 to May 2003 except for the months of July and September 2002 and April 2003 wherein working days of the workman were reflected as 'Nil'. The Tribunal has concluded that Exhibit M2 has been falsely prepared, inasmuch as, Management witness MW1 Amrik Singh admitted in his cross-examination that the workman had been paid for 26 days for the month of July 2002. MW1 further admitted that by including 26 days of July 2002, the total working days of the workman comes to 260 days in the preceding 12 calender months if taken from the date of disengagement i.e. 30.4.2003. Furthermore, MW1 Amrik Singh also admitted that the workman had not been paid anything prior to termination.;