ARIJIT PASAYAT, P.SATHASIVAM
State of Haryana – Appellant
Versus
Ramesh Kumar – Respondent
Judgment
Dr. Arijit Pasayat, J. —
1.Leave granted.
2.Challenge in this appeal is to the Order passed by a Division Bench of the Punjab and Haryana High Court summarily dismissing the Civil Writ Petition filed by the State. Challenge in the writ petition was to the award passed by the Presiding Officer, Labour court, U.T. Chandigarh in a reference made under Section 10 of the Industrial Disputes Act, 1947 (in short the ‘Act’). The respondent claimed that he was working in the office of the Public Works Department B&R since December 1991 and continued to work upto 31st March, 1993. He claimed to have completed 240 days of service and to have drawn the salary. The allegation was that without any justifiable reason his services were terminated w.e.f. 31.3.1993. A civil suit was filed for mandatory injunction against the department. The Department took the view that the Civil Court had no jurisdiction to entertain the suit. Subsequently, demand notice was issued and the matter was referred to the Labour Court. The Labour Court found that the alleged termination was not sustainable. The Labour Court took the view that since the workman was engaged in December, 1991 and worked upto 31.1.1993
State of Maharashtra v. Vithal Rao Pritirao Chawan (AIR 1982 SC 1215 – Referred to. (Para 6)
State of U.P. v. Battan and Ors
Range Forest Officer v. S.T. Hadimani (2002 (3) SCC 25) – Relied upon. (Para 9)
State of Punjab v.Bhag Singh (2004(1) SCC 547) – Referred to. (Para 8)
M.P.Electricity Board v. Hariram (2004 (8) SCC 246) – Relied upon. (Para 11)
Mohan Lal v. Bharat Electronics Ltd. (1981 (3) SCC 225) – Relied upon. (Para 9)
Surendrangar District Panchayat and Anr. vs. Jethabhai Pitamberbhai
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