GURMEET SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing award dated October 1, 2004 Annexure P-8, vide which termination of his services have been found to be justified and a writ of mandamus directing respondents No. 2 and 3 to take him back in service with continuity of service and grant all consequential benefits.

(2.) As per the case of the petitioner- workman, he was employed as Turner by respondent No. 2, namely, Bhogpur Cooperative Sugar Mills Tehsil and District Jalandhar. He continued to work as such till February 2, 1991 when he was appointed as Turner-II on permanent basis. However, vide order dated February 7, 1991 passed by respondent No. 3, namely, Punjab State Federation of Co-operative Sugar Mills Limited (in short the Sugarfed) his services were terminated. Petitioner-workman challenged the said order by filing a civil suit but on an objection taken by the respondents with regard to jurisdiction to try the suit, withdrew the same with liberty to approach the Labour Court for challenging the afore-stated order. Petitioner then issued demand notice to respondents 2 and 3, where after the matter was referred to the Labour Court for adjudication. Before the Labour Court, the petitioner-workman filed his claim statement. Upon notice of the same, written statement was filed by the respondent-management. On issues being struck, the parties led their respective evidence.

(3.) On appreciation of oral as well as documentary evidence so led by the parties, the learned Labour Court vide award dated October 1, 2004 (Annexure P-8) dismissed the claim statement. Hence, the present writ petition by the petitioner-workman.