Punjab State Through The Supdt. Engineer And ORS. v. Sardar Masih And ORS.

2024:PHHC:031355

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-1897-1998 Decided on : 05.03.2024 Punjab State and ors.

. . . Petitioner(s)

Versus

Sardar Masih and Another . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

None Mr. Brijesh, Assistant Advocate General, Punjab. **** SANJAY VASHISTH, J. (Oral) 1.

Present petition has been filed by the Management (Punjab State) challenging the award dated 13.05.1997 (Annexure P-5) passed by Learned Labour Court, Amritsar, whereby Reference No. 272 of 1989 under Section 10(1)(c) of the Industrial Disputes Act, 1947, has been answered in favour of the workman.

2.

Learned Labour Court held that the termination of workman is against the law, thus, he is entitled to be reinstated with continuity of service and full back wages from the date of demand notice dated 06.02.1989. 3.

On examining the record and going through the reasons assigned in the award, this Court finds that present writ petition is pending for around 26 years and nothing substantial has been submitted before this Court to disturb the findings of the award, after such a long time to cause interference in the award. 4.

Otherwise also, there is no representation on behalf of respondent No.1-Sardar Masih(workman), whereas order dated 21.10.2016 passed by learned Lok Adalat denotes that as per office report respondent No.1 has expired. Thereafter, no one has approached this Court by way of filing application for KAVITA NAIN 2024.03.07 12:16 I attest to the accuracy and integrity of this document order/judgment

2024:PHHC:031355 CWP-1897-1998 - 2 - impleadment of legal representatives. Operation of the impugned award was also stayed vide order dated 10.02.1998, subject to the compliance of Section 17B of the Industrial Disputes Act, 1947.

5.

Be that as it may, this Court is well satisfied with the reasons assigned in the award. Therefore, while maintaining the award, writ petition stands dismissed.

(SANJAY VASHISTH) JUDGE March 05, 2024 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2024.03.07 12:16 I attest to the accuracy and integrity of this document order/judgment