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HARSH BUNGER
Chairman, Punjab Small Industries and Export Corporation Ltd. – Appellant
Versus
Presiding Officer, Industrial Tribunal, Gurdaspur – Respondent
JUDGMENT
Mr. Harsh Bunger, J.
Petitioners have filed the instant writ petition under Articles 226/227 of the Constitution of India seeking quashing of impugned award dated 26.04.2017 (Annexure P-9) passed by the Presiding Officer, Industrial Tribunal, Gurdaspur (hereinafter referred to as 'the Tribunal'), whereby reference of industrial dispute regarding termination of services of respondent No.2 (Balwinder Singh) has been answered in his favour and he has been held entitled to reinstatement with continuity in service and 50% back wages from the date of demand notice, i.e. 20.09.2012.
2. Briefly, respondent No.2-workman (Balwinder Singh) raised an industrial dispute by way of serving demand notice, which was subsequently referred to the Tribunal, for adjudication.
3. In the statement of claim, respondent No.2-workman stated that he was appointed as a Chowkidar on 01.05.1996 on a regular and permanent post. He stated that he was performing his duties to the satisfaction of his superiors and Employees Provident Fund contributions were also being deducted from his salary. Respondent No.2-workman claimed that Executive Engineer, Punjab Small Industries Export Corporation, Jalandhar had
Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The court has the power to modify the punishment imposed by the disciplinary authority when it is not justified, and the punishment should be proportionate to the charges against the petitioner.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
Termination of services without notice or compensation is illegal under Section 25F of the Industrial Disputes Act, and reinstatement must be granted from the same date as similarly situated employee....
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
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