- (1.) THE present judgment shall dispose of five writ petitions i.e. CWP Nos. 12502, 12503, 12504, 12505 of 1995 and CWP No. 15874 of 1994, as common questions of law and facts are involved in all the writ petitions. The facts are being taken from CWP No. 12504 of 1995, Rakesh Kumar Bahri vs. The Presiding Officer, Labour Court, Jalandhar and others.
(2.) CHALLENGE in the present writ petition is to the award dated 11.01.1993 (Annexure P -1) whereby, the references of five workmen were allowed and an ex parte award was passed directing the respondents to reinstate the workmen with continuity of service and with full back wages from the date of the demand notice till their reinstatement. Further, challenge has been laid to the demand notice dated 19.09.1994 (Annexure P -2) for a sum of Rs. 3,47,309.60/ - issued by the Assistant Collector and Labour -cum -Conciliation Officer, Jalandhar.
(3.) THE case of the workman was that he was employed as a Machine Man in August, 1978 and worked till 31.08.1987 and his services were illegal and wrongly terminated without any notice, charge sheet and demand notice dated 05.09.1987 was raised and he was drawing Rs. 900/ - per month at the time of termination of service. As per the award, Munadi (proclamation) was effected in these references but the respondent/management did not put in appearance on 26.11.1992 and was proceeded against ex parte. In view of the ex parte evidence, it was held that the workmen had completed more than 240 days of service and it was incumbent upon the management to comply with the mandatory provisions of Section 25 -F of the Industrial Disputes Act, 1947 (in short 'the Act'). Resultantly, award was passed in their favour. Perusal of the award goes on to show that the respondent -management was mentioned as M/s. Hari Textiles, G.T. Road, Janta Colony, Near F.C. Sonadhi Suranasi, Jalandhar and it was not mentioned whether it was proprietorship concern, partnership concern or a company. Thereafter, vide the recovery notice dated 19.09.1994, the demand was raised upon the present petitioner.;