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SANJAY VASHISTH
Secretary to Govt. of Punjab, PWD (B and R), Punjab Civil Secretariat, Chandigarh – Appellant
Versus
Mohan Singh – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
By way of this common order, the fate of the aforesaid writ petitions shall be decided as both the petitions are arising out of same award dated 28.02.2002.
CWP-19981 of 2002 has been filed by the Management challenging the award dated 28.02.2002 passed in reference No. 13/1/4882/HII(4)/91/5945,whereby the order of reinstatement with continuity in service has been ordered by learned Labour Court.
Another CWP-8585-2004 has been filed by Workman-Mohan Singh against the award dated 28.02.2002, whereby workman was reinstated but without back wages.
2. For the sake of brevity, facts are being extracted from CWP-8585-2004.
Workman-Mohan Singh, was appointed as 'Mason' and serving with the respondent-P.W.D., (B& R) Branch, Punjab Civil Secretariat, Chandigarh with effect from 15.02.1995 on daily wage basis. His place of working was P.W.D, B & R Branch, Division No.2, Kothi No.2444, Sector 39-C, Chandigarh. In the month of October, 1995, name of the workman was changed in muster roll from Mohan Singh s/o Shri. Bachan Singh to Shri. Sardara Singh S/o Shri. Bakshish Singh.
3. It was pleaded before the Labour Court that the workman was appointed on 15.02.
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
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.
Termination of employment without notice violates Sections 25-G and 25-H of the Industrial Disputes Act, 1947.
Termination of a workman without following mandatory provisions of the Industrial Disputes Act, 1947 is invalid, necessitating reinstatement.
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
Termination of services without compliance with statutory provisions under the Industrial Disputes Act is illegal, and the burden of proof lies on the employer to establish a voluntary resignation.
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