RAJENDER KUMAR Vs. THE PRESIDING OFFICER AND ORS.
LAWS(P&H)-2016-1-145
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 05,2016

RAJENDER KUMAR Appellant
VERSUS
The Presiding Officer and Ors. Respondents

JUDGEMENT

- (1.) Petitioner has filed this petition challenging the award dated 02.12.2011 (Annexure P-6). Learned counsel for the petitioner has submitted that the petitioner be granted one opportunity to enable him to lead his evidence.
(2.) The case of the petitioner, in brief, is that he was engaged as a Weaver with respondent No.2 on 24.11.1981 and was paid wages on piece rate basis. Services of the petitioner were dispensed with verbally by respondent No.2 on 01.10.1994. Petitioner preferred Civil Writ Petition No.15102 of 1994 against his termination and the said writ petition was dismissed vide order dated 02.04.1997. Thereafter, petitioner preferred a Letters Patent Appeal against the said order and the same was disposed of vide order dated 21.09.2004 and the following order (as reproduced in Para 5 of the present writ petition) was passed:- "In the result, the appeal is allowed. The order of Learned Single Judge is set aside and the case is remanded for decision on merits".
(3.) Thereafter, the writ petition was disposed of vide order dated 24.02.2008 and following order (as reproduced in the present writ petition) was passed: "In view of the statement made by the Learned Counsel for the petitioners, the petitioners are relegated to the remedy under the Industrial Disputes Act. He period taken for adjudication of the present writ petition shall be excluded for the purpose of demand notice under section 2-A of Industrial Disputes Act, 1947. In case demand notice under section 2-A of Industrial Disputes Act is made by the present petitioners, the same shall be expedited by the Government without delay. In case the Labour Court receives the reference, the same shall be expedited preferably within 6 months of its receipt.";


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