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2022 Supreme(P&H) 2233

RAJBIR SEHRAWAT
Punjab Steel Forging And Argo Industries – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent


Advocates appeared:
Mr. Harsh Aggarwal, Advocate, for the Appellant; Mr. Balbir Singh Saini, Advocate, for the Respondent.

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This common judgment shall dispose of two writ petitions, i.e. CWP-19905-2013 and CWP-14440-2013, which have been filed by the employer and the workman, respectively.

2. The employer has filed CWP-19905-2013 challenging the award dated 30.04.2013, whereby the Labour Court has held the termination of service of the respondent-workman to be illegal and has ordered payment of compensation. The workman has filed CWP-14440-2013 for modification of award and to grant him the benefit of reinstatement with continuity of service and full back wages.

3. The common facts, as involved in these two writ petitions, are that respondent-workman asserted that he had worked with the petitioneremployer with effect from 01.02.2000 till 14.11.2007. However, on 14.11.2007, his service was terminated without any notice and without any payment of compensation. Hence, he raised the labour dispute. At the time of his initial attempt, the Deputy Labour Commissioner had not recommended reference of the dispute to the Labour Court, on the ground that the respondent-workman himself had abandoned the job and he had refused to join even during the conciliation proceedings. Then

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