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1988 Supreme(P&H) 428

A.P.CHOWDHRI
Miya Singh – Appellant
Versus
Haryana Roadways – Respondent


Judgment

A. P. Chowdhari, J.

1. This writ petition raises an important question of law, namely, where termination of the service of the workman is held to be void ab initio under Sec.10 (1) (c) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), whether it is within the jurisdiction of the Labour Court to determine the amount of money due or any benefit which is capable of being computed in terms of money, under Sec.33-C (2) of the Act.

2. In order to appreciate the question, the facts of the case may be stated thus: The petitioner was appointed chowkidar on daily wages in the Haryana Roadways Depot, Kaithal, on 8th December, 1976. He was paid wages on monthly basis at the rate of Rs.325 per month. He continued working without any break till 9th June, 1982. His services were then terminated by order dated 10th June, 1982. The management did not comply with the mandatory provisions of Sec.25-F (a) and 25-F (b) of the Act. The workman served a demand notice, Annexure P-1a, dated 28th July, 1982, on the management. On a reference by the State Government, the dispute was entrusted to the Labour Court, Faridabad, which was later on transferred to the Labour Court






















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