Dismissed

Dav College Trust and Management Society and Anr. v. the Presiding Officer Industrial Tribunal Cum Labour Court Hisar and Anr.

Punjab & Haryana HC27 Mar 2015CWP/5747/2015

Case brief

AI extract

What is this about?

Petition challenging Industrial Tribunal award reinstiting daily-wage lab attendant alleging illegal termination without mandatory notices. Court dismissed writ petition noting lack of evidence for abandonment.

What did the court decide?

Writ petition dismissed; Tribunal order reinstating respondent with back wages affirmed.

What the court decided

Dav College Trust and Management… — Labour and Industrial Disputes | Punjab & Haryana HC (2015)

CWP No.5747 of 2015

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

CWP No.5747 of 2015 Date of decision:27.03.2015

¶6

DAV College Trust and Management Society and another ...Petitioners

¶7

Versus

¶8

The Presiding Officer and another

¶9

...Respondents

¶10

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

¶11

Present: Mr. R.S.Cheema, Advocate, for the petitioners. *****

¶12

Rakesh Kumar Jain, J.

¶13

The petitioners have challenged the award of the Industrial Tribunal-cum-Labour Court, Hisar (here-in-after referred to the “Tribunal”) dated 12.01.2015 by which respondent no.2 has been ordered to be reinstated into service with immediate effect with continuity of service, all other consequential benefits and 40% back wages from the date of demand notice till his actual reinstatement.

¶14

In brief, respondent no.2 was appointed as Lab Attendant on 25.08.2010 on daily wages in the petitioner-college but he was also discharging the additional work of Clerk being Graduate, having the knowledge of computer and continued to work as such up to 22.09.2012. It was alleged by respondent no.2 that he was not paid even the minimum wages as per the D.C. rates and when he requested for it, the petitioners got

¶15

CWP No.5747 of 2015 [ 2 ]

¶16

*********

¶17

annoyed and terminated his services without following the mandatory provisions of Sections 25-F and 25-G of the Industrial Disputes Act, 1947 (here-in-after referred to as the “Act”).

¶18

In order to prove their case, the petitioners examined Avneesh Jetly, Officiating Principal, D.N. College, Hisar as MW1, whereas respondent no.2 appeared as WW1. The Tribunal found that respondent no.2 had worked up to 22.09.2012 and his services were terminated without giving show cause notice, charge sheet or holding a domestic inquiry. The MW1 has admitted that Satish S/o Ram Pal, Hemant, Sandeep, Annop Singh, Clerks, Manoj, Urmila and Sonu Shastri are still working in the college after termination of respondent no.2 in violation of Section 25-G of the Act.

¶19

Counsel for the petitioners has argued that respondent no.2 himself abandoned the job but no evidence in this regard has been led rather it has been observed by the Tribunal, while referring to the statement of MW1, that he has admitted that no letter was sent to the respondent no.2 regarding remaining absent from duty, therefore, there is hardly any evidence led by the petitioners to prove that the services of respondent no.2 were not terminated by them but he himself abandoned the job.

¶20

In view of the aforesaid, I do not find any merit in the present writ petition and hence, the same is hereby dismissed.

¶21

March 27, 2015 vinod*

¶22

( Rakesh Kumar Jain) Judge

Dav College Trust and Management Society and Anr. v. the Presiding Officer Industrial Tribunal Cum Labour Court Hisar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Dav College Trust and Management Society and Anr. v. the Presiding Officer Industrial Tribunal Cum Labour Court Hisar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pala Ram Vs Vivek Attray IAS

Tirlok Singh Manchanda Vs Harjinder Kaur

Balwinder Kumar and Ors. Vs C. Roul & Anr.

Sanpreet Sidhu @ Sanpreet Singh Sidhu Vs Baba Farid University of Health and Science and Anr.

Poonam Vs State of Punjab and Ors.

Kuldip Singh Vs Sarabjit Singh, G.M., F.C.I. and Others