IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 16287 of 2008.
Date of Decision : March 05, 2009.
Mam Chand. .... Petitioner.
Versus.
The Presiding Officer, Labour Court, Ambala, and another. ... Respondents.
CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:- Mr. Amit Arora, Advocate,
for Mr. Pritam Saini, Advocate,
for the petitioner.
Mr. Arun Kaundal, Advocate,
for the respondent No. 2.
AUGUSTINE GEORGE MASIH, J. (ORAL).
Counsel for the parties agree that the present case is covered by
the Judgment passed by the Division Bench of this Court in C.W.P. No. 605
of 2008 titled Ramesh Kumar Versus Presiding Officer, Labour Court,
Ambala an another (decided on 01.05.2008).
They contend that in the light of the judgment passed by the
Division Bench of this Court, the impugned award dated 09.02.2007
(Annexure-P-5) is to be quashed and the matter be remitted back to the
learned Labour Court for fresh decision in the light of the observations made
C.W.P.No. 16287 of 2008. -2-
by this Court in the judgment of Division Bench of this Court referred to
above.
In view of the statement given by counsel for the parties, the
impugned award dated 09.02.2007 (Annexure-P-5), passed by the Labour
Court, Ambala, is hereby set aside, the matter is remitted back to the Labour
Court for fresh decision in the light of the observations made in the
judgment of Division Bench of this Court in C.W.P. No. 605 of 2008 titled
Ramesh Kumar Versus Presiding Officer, Labour Court, Ambala, and
another (decided on 01.05.2008).
Further direction is issued to decide the matter within one year
from the date of receipt of copy of this order.
The parties are directed to appear before the Labour Court on
30.03.2009.
The writ petition stands disposed of accordingly.
(AUGUSTINE GEORGE MASIH)
JUDGE
March 05, 2009.
sjks.