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2022 Supreme(P&H) 896

RAJBIR SEHRAWAT
Harish Kumar – Appellant
Versus
Bhakra Beas Management Board, Through Its Chairman Bbmb Building, Sector-19, Chandigarh – Respondent


Advocates:
Mr. Rajesh Goyal, Advocate for Mr. Pritam Saini, Advocate, for the Appellant; Mr. Amit Jhanji, Senior Advocate with Ms. Eliza Gupta, Advocate and Ms. Vibhu Aggarwal, Advocate, for the Respondent.

JUDGMENT

Rajbir Sehrawat, J. (Oral) - The petitioner has filed this petition under Articles 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari quashing the award dated 03.01.2002 passed by Industrial Tribunal-cum-Labour Court, Chandigarh (Annexure P-20); whereby the reference has been answered against the petitioner; and for issuance of writ in the nature of mandamus directing respondents No.1 & 2 to reinstate the petitioner with full back wages; along with certain other prayers.

2. The facts, as pleaded in the petition, are that the petitioner workman asserted that he was employed by the respondent-employer as work-charge T. Mate on 17.10.1984 and his service was terminated on 25.07.1985. At the time of termination of service the petitioner was not offered any retrenchment compensation. Hence, the termination of service of the petitioner was in violation of Section 25-F of the Industrial Disputes Act, 1947 (in short, the I.D. Act). The petitioner raised a demand notice. However, the respondents did not accept the demand. The conciliation proceedings between the parties having failed, the appropriate Government made a reference to the Lab

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