SANJAY VASHISTH
Balwinder Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Petitioner - Balwinder Singh, has filed the present writ petition, by challenging the award dated 14.05.2012 (Annexure P-1), passed by the Presiding Officer, Industrial Tribunal, Patiala (for brevity, 'learned Tribunal'), whereby, Reference No.327/2000, under Section 10(1)(C) of the Industrial Disputes Act, 1947 (in short, 'ID Act') has been answered against him.
2. The contention of the workman in the proceedings is that he worked with the Patiala Cooperative Sugar Mills Ltd. (respondent No.2 herein) from 01.01.1988 to 20.06.1991, and his services were terminated w.e.f. 21.06.1991, without assigning any reason, issuance of notice, notice pay, charge-sheet or compensation etc. On the basis of the evidence available on record, learned Tribunal held in paragraph No.14 of the impugned award (P-1) that the workman is found to have worked for 152 ½ days only, in the respondent - Sugar Mill from September 1990 to June 1991. Therefore, it reached to the conclusion that in the absence of completion of 240 working days preceding one year from the termination, it cannot be alleged that there is violation of Section 25-F of the ID Act. Resultantly, petiti
The court held that the termination of the workman violated Section 25-H of the Industrial Disputes Act, 1947, due to the appointment of another worker after his removal.
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
Termination of employment without following statutory provisions under the Industrial Disputes Act is illegal, warranting compensation rather than reinstatement, especially when the employee has reac....
Termination of employment without notice violates Sections 25-G and 25-H of the Industrial Disputes Act, 1947.
The court established that reinstatement is not an automatic remedy for violations of employment termination laws; compensation may be more appropriate based on employment duration and nature.
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....
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
Termination without notice or due process violates Section 25F of the Industrial Disputes Act, warranting compensation.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
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