SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(P&H) 934

G.S.SANDHAWALIA
Karimpur Cooperative Agricultural Service Society Ltd. – Appellant
Versus
Presiding Officer, Labour Court – Respondent


Advocates:
For the Appellant :H.S. Bedi, Advocate

Gurmeet Singh Sandhawalia, J.:-

1. Challenge in the present writ petition, filed by the petitioner-Society, is to the award dated 03.08.1995 (Annexure P7), passed by the Labour Court Jalandhar, whereby the respondent No. 2-workman, who was employed as Secretary of the Society, was held entitled to continuity of service but without the benefit of increments of past service. He was, however, awarded 1/3rd of the back wages from the date of termination of service and full wages, from the passing of the award. It is not disputed that the said respondent has attained the age of superannuation and in view of the award having been stayed at the time of admission of the petition, he would, now, be entitled only for the financial benefits, in case the award is upheld.

2. The reasoning given for granting the said relief was that the principles of natural justice had been violated and the services of the workman were terminated without issuing any proper notice to him. The fact that he had been convicted in a police case but was released on probation and therefore, the stigma of imprisonment had been removed and the factum that there was no finding of embezzlement at the time when the resolutio






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top