SABINA
Yashpal – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court – Respondent
SABINA, J.
1. Petitioner has filed this petition under article 226 of the Constitution of India challenging the award dated 15.7.2014. Learned counsel for the petitioner has submitted that services of the petitioner had been terminated in violation of the mandatory provisions of the Industrial Dispute Act. Hence, petitioner was liable to be reinstated in service with continuity of services and full back-wages.
2. Petitioner raised an industrial dispute challenging his termination by respondent No. 2. The dispute raised by the petitioner was referred for adjudication to Industrial Tribunal- Cum-Labour Court, Union Territory, Chandigarh by the appropriate Government.
3. The case of the petitioner was that he was appointed as a Sweeper with respondent No. 2 from October 2003 to 15.04.2004 and continued working with respondent No. 2 upto April 2005. Services of the petitioner had been terminated without complying with the provisions of the Act.
4. The case of respondent No. 2, in its written statement, was that the petitioner had been initially engaged as a Sweeper in September 2003 on contract basis in pursuance to the sanction accorded by the Municipal Commissioner, on 08.08.20
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