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CHIEF ADMINISTRATOR, HOUSING BOARD, HARY versus PRESIDING OFFICER, LABOUR COURT, AMBALA

High Court of Punjab and Haryana, Chandigarh

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Chief Administrator, Housing Board, Hary v. Presiding Officer, Labour Court, Ambala - CWP-16553-2005 [2007] RD-P&H 923 (25 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.16553 of 2005

Date of Decision: 23.1.2007

Chief Administrator, Housing Board, Haryana Petitioner

versus

Presiding Officer, Labour Court, Ambala and another Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE BALDEV SINGH

Present: Shri Manohar Lall, Advocate for the petitioner Shri J.S.Maanipur, Advocate for the respondent Jasbir Singh, J. (Oral)

This writ petition has been filed against award dated 4.6.2004, vide which claim of the respondent-workman was allowed and he was ordered to be reinstated with continuity of service, however, without back wages. It is apparent from the records that service of the workman was terminated in the month of October, 1996. While doing so, he was paid compensation amount of Rs.818/- only. It was found as a matter of fact that the amount paid was less, as compared to the entitlement of the respondent workman. The Court below came to a conclusion that thus, there is violation of the provisions of Section 25-F of Industrial Disputes Act, 1947.

Nothing has been shown to us to the contrary.

Further argument of counsel for the petitioner that the dispute having been raised at a belated stage, the respondent workman was not entitled to get any relief, is also liable to be rejected. It is apparent from the records that the demand notice was sent on 17.2.2000 i.e. after about three years of passing of the order of termination. By placing reliance upon ratio of judgment of Hon'ble Supreme Court in Ajaib Singh v. The Sirhind Co- operative Marketing-cum-Processing Service Society Ltd. and another, 1999 (2) Recent Services Judgments Supreme Court of India 407, the Labour Court has discarded that argument. The finding given is justified.

No case is made out for interference.

Dismissed.

( Jasbir Singh )

Judge

January 23, 2007 ( Baldev Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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