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2018 Supreme(P&H) 3746

SHEKHER DHAWAN
Arya Pradeshik Pratinidhi Sabha And Another – Appellant
Versus
Presiding Officer, Industrial Tribunal, Bathinda And Another – Respondent


Advocates Appeared:
R.S. Cheema, Adv., P.K. Bansal, Adv.

JUDGMENT

Shekher Dhawan, J. - The above titled two writ petitions arise out of the same controversy and are against the common award dated 15.1.2014 passed by the Industrial Tribunal, Bathinda (for short, "the Tribunal") whereby, reference made by Asha, workman was answered in her favour and she was reinstated in service with continuity and 30% back wages from the date of demand notice, i.e. 24.09.2007. By filing CWP-4381-2014, the Management has challenged the said award whereas, workman Asha, has impugned the award dated 15.1.2014 to the extent that she was allowed 30% back wages whereas, she was entitled to full back wages. Hence, both these writ petitions are being taken up and disposed of together by this common order.

2. Facts relevant for the purpose of decision of these two writ petitions; that Asha, (hereinafter referred to as "the workman") was employed with Arya Anathalaya, (for short, "the Organization") as a part time Sweeper on 16.05.1990 and was drawing Rs. 150/- per month which was increased to Rs. 850/- per month. Her services were terminated on 31.05.2005 without any notice, charge sheet, enquiry or payment of compensation. An industrial dispute was raised on the p

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