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TEJINDER SINGH DHINDSA
Ram Palat – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court – Respondent


Advocates Appeared:
For the Appellant :K.L. Arora, Advocates
For the Respondent:Rupam Aggarwal, Deputy Advocate General, Advocates

JUDGMENT :

Tejinder Singh Dhindsa, J.

The instant writ petition has been filed impugning the award dated 23.11.2009 passed by the Presiding Officer, Industrial Tribunal and Labour Court, Union Territory, Chandigarh whereby termination of the services of the petitioner-workman has been held to be illegal and he has been awarded a lump sum compensation of Rs. 7,500/- while declining the relief of reinstatement. Mr. K.L. Arora, learned counsel for the petitioner workman would submit that a finding of fact has been recorded by the Labour Court as regards 240 days of service having been completed in the preceding 12 months from the date of termination i.e. 1.1.1997 It has been submitted that even the plea of the Management that the workman had abandoned the job w.e.f. 1.1.1997 has not been accepted and has been termed as an afterthought and since neither retrenchment compensation was paid nor any notice pay was given, Labour Court had held that there was violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short 'the Act'). Learned counsel would argue that compliance of Section 25-F of the Act was mandatory and noncompliance thereof renders the retrenchmen





















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