The provisions of the Industrial Disputes Act, 1947 will prevail vis-a-vis the Punjab Shops and Commercial Establishments Act, 1958 in relation to the matters involving termination of services of the employees in contravention of the provisions of the Industrial Disputes Act and remedy available to the workmen under the Industrial Disputes Act shall remain unaffected by the provisions of the 1958 Act.

G. S. Singhvi, J.

1. An important question of law which requires determination in this writ petition filed by the workman against the award dated January 30, 1995 passed by the Industrial Tribunal-cum-Labour Court-I, Faridabad is whether relief of reinstatement in service can be denied to workman on the ground that the establishment of the employer is registered under the Punjab Shops and Commercial Establishments Act, 1958, even though his service is found to have been illegally terminated.

2. Before proceeding further it will be useful to refer to some of the facts. The petitioner-workman was engaged as Helper in the service of respondent No.2 w. e. f. August 28, 1986. He is said to have proceeded on leave w. e. f. April 22, 1990 but did not join after the expiry of leave. The petitioner, says that he has sent medical certificate to the employer because he had fallen ill during the period of leave. He reported for duty on May 7, 1990 but was not allowed to join. Treating it to be a case of illegal termination of service, the petitioner raised an industrial dispute which came to be referred to the Industrial Tribunal-cum-Labour Court vide order dated December 12, 1990 passed by the Government of Haryana under Sec.10 (1) (c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 1947 Act ). In his statement of claim the petitioner asserted that he had been in employment since August 28, 1986 and that his service was illegally terminated without any enquiry and without any notice. In reply respondent No.2 admitted that the petitioner had been appointed w. e. f. August 28, 1986 and his monthly salary was Rs.675/-. It was, however, pleaded by the employer that termination of service was brought about by removing his name from the muster-roll because the petitioner-workman had been remaining absent from job and there was no justification in his claim for reinstatement.

3. The Industrial Tribunal considered the pleadings and evidence produced by the parties and held that the action of the management terminating the services of the workman is neither reasonable nor justifiable. However, relief of reinstatement has been denied to the petitioner on the ground that the establishment is registered under the Punjab Shops and Commercial Establishments Act, 1958 (hereinafter referred to as 1958 Act) and in terms of the provisions of 1958 Act, he was entitled to compensation equivalent to two months pay. For taking this view the Industrial Tribunal relied upon the decision of this Court in The Nawanshahr Central Cooperative Bank Ltd. V/s. The Presiding Officer, Labour Court, Jullundur, 1980 3 Serv LR 358.

4. In the year 1920 the first Trade Disputes Act was enacted which provided for. Courts of Inquiry and Conciliation Board and prohibited strikes in public utility services without one months notice in writing. A strike intended to cause hardship on the community or to coerce a Government decision was also declared illegal. However, no provision was made for any machinery for settlement of disputes. This Act was replaced by the Trade Disputes Act, 1929 in which provision for the first time was made for the intervention of the State in the settlement of industrial disputes. The main purpose of this Act was to provide a conciliation machinery to bring about peaceful settlement of industrial disputes. In the year 1938 the act of 1929 was amended. authorising the Central and provincial Governments to appoint Conciliation Officers for mediation in industrial disputes and settlement thereof. Thereafter, the Government of India promulgated the Defence of India Rules to meet with the situation created by the Second World War. Rule 81-A of these Rules gave powers to the appropriate Government to intervene in industrial disputes, appoint Industrial Tribunals and enforce the award of such Tribunals against the employers as welt as the employees. Thus the modern concept of resolution of industrial disputes through adjudicatory process