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2016 Supreme(P&H) 2738

P.B.BAJANTHRI
Haryana Engineering College, Jagadhri – Appellant
Versus
Presiding Officer, Labour Court, Ambala – Respondent


Advocates:
For the Petitioner:Mr. V.K. Sachdeva, Advocate.
For the Respondent No.2:Mr. J.S. Bedi, Advocate.

JUDGMENT

Mr. P.B. Bajanthri, J.: - In the instant writ petition, petitioner has questioned the validity of order dated 04.10.2011 passed by the Labour Court, Ambala (Annexure P/1).

2. Rama Shankar Tiwari – respondent no.2 was appointed as a Security Guard in the Haryana Engineering College (for short ‘College’) on 29.04.2000. On 09.01.2002, he had abandoned the service and it was settled by means of a compromise before the Deputy Labour Commissioner on 22.04.2002. Thus, respondent no.2 reported back to service on 23.04.2002. Once again, on 08.05.2002, he had abandoned the service. Therefore, in the year 2003, he raised an industrial dispute reference No. 46 of 2003 and the same was decided by the Labour Court on 28.07.2005, while setting aside order dated 08.05.2002, the petitioner was directed to reinstate the respondent-workman in service along with all other benefits including continuity of service and full back wages. This is an ex-parte award. The petitioner aggrieved by the award dated 28.07.2005 preferred a civil writ petition No. 1010 of 2006 before this Court. During the pendency of said writ petition, respondent no.2 was reinstated and he had reported the duty on 25.05.200

























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