Judgment :

OWP No.1126/2014

The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction quashing the award dated 11.07.2014 passed by respondent no. 2-Presiding Officer, Industrial Tribunal/Labour Court, Jammu (for short, the Tribunal) under the Industrial Disputes Act, 1947 (for short, the Act of 1947) whereby an amount of Rs. one lac has been awarded as compensation in favour of respondent No. 3.

Before adverting to the grounds of challenge in the aforesaid petition, it would be apt to give brief factual background of the case.

2. It has been averred by the petitioner that respondent No. 3 was engaged as a Foreman Incharge Repair and Maintenance work at the petitioner’s unit to supervise and look after the production, repair and maintenance of the machinery. It is specific stand of the petitioner that since the respondent No.3 failed to perform his duties as Foreman, his services were terminated in terms of order dated 27.04.2002 w.e.f. 18.04.2002. Pursuant thereto, the respondent No. 3 raised a demand notice dated 18.05.2002 wherein he admitted the fact of his employment with the petitioner as F