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2024 Supreme(P&H) 638

SANJAY VASHISTH
Balwinder Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent


Advocates Appeared:
Mr. Ravi Gakhar, Advocate; For the Petitioner
Mr. Vikas Singh, Advocate for Respondent No.2.

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

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