Civil Writ Petition No.16583 of 2006 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No.16583 of 2006
Date of Decision: 15.9.2008
M/s New Midh Bhabra Transport Company (P) Limited
...Petitioner
Versus
Presiding Officer, Labour Court, Gurdaspur and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. R.S.Ahluwalia, Advocate
for the petitioner.
None for respondent No.1.
Mr. Sanjiv Bindra, Advocate
for respondent No.2.
Hemant Gupta, J.
The petitioner is aggrieved against the Award of the Labour
Court dated 6.6.2006, whereby the termination of services of respondent
No.2-workman was set aside and he was ordered to be reinstated with
continuity of service and payment of 50% back wages from the date of
termination.
There was a dispute regarding implementation of the Award,
wherein the reinstatement of respondent No.2-workman was ordered.
This Court, on 16.11.2007, directed Labour-cum-Conciliation Officer,
Batala, to oversee the joining of respondent No.2 and send a report.
Civil Writ Petition No.16583 of 2006 2
The petitioner was also directed to pay a sum of Rs.25,000/- to be
adjusted towards the claim of respondent No.2-workman when final
order is passed in the writ petition.
In pursuance of the said order, Labour-cum-Conciliation
Officer, Batala, has given his report dated 19.12.2007 to the effect that
the petitioner has reinstated respondent No.2-workman. However,
counsel for respondent No.2-workman states that the workman is still
not being permitted to join and work.
After hearing counsel for the parties, we are of the opinion that
the services of the respondent No.2-workman on 2.9.1998 were
terminated without any charge sheet or any inquiry. In view of the said
fact, the Award of the Labour Court dated 6.6.2006 does not suffer from
any patent illegality and material irregularity when the Labour Court
ordered reinstatement of respondent No.2-workman with continuity of
service and also to grant 50% of the back wages.
But in view of the dispute between the parties regarding
actual joining of respondent No.2-workman, we deem it appropriate to
direct the petitioner to pay the wages to respondent No.2-workman
from the date of his joining on 12.12.2007, as per the report of Labour-
cum-Conciliation Officer, Batala. However, it shall be open to the
petitioner to proceed against respondent No.2-workman, in
accordance with law, as may be permissible. However, the petitioner
shall continue to pay wages, in terms of report of the Labour-cum-
Conciliation Officer, Batala.
The amount of Rs.25,000/- deposited in terms of the order
dated 16.11.2007 shall be adjusted towards the dues payable to
Civil Writ Petition No.16583 of 2006 3
respondent No.2-workman in terms of the Award and as a consequence
of joining of respondent No.2-workman on 12.12.2007.
The present petition stands disposed of.
(Hemant Gupta)
Judge
(Kanwaljit Singh Ahluwalia)
Judge
September 15, 2008
“DK”