Punjab-Haryana High Court
The Nandgarh Cooperative Agricultural ... vs Presiding Off. Indu. Trib. Patiala And ... on 28 July, 2015
Author: Amit Rawal
Bench: Amit Rawal
Civil Writ Petition No.21947 of 2013 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.21947 of 2013
Date of Decision: July 28, 2015
The Nandgarh Cooperative Agricultural Service Society Ltd., Nandgarh,
Tehsil and District Sangrur
...Petitioner
Versus
Presiding Officer, Industrial Tribunal, Patiala & another
...Respondents
CORAM: HON'BLE MR.JUSTICE AMIT RAWAL, JUDGE
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr.M.S.Bedi, Advocate,
for the petitioner.
Mr.Mandeep Kumar Dhot, Advocate,
for respondent No.2.
*****
AMIT RAWAL, J. (Oral)
The challenge in the present writ petition is to the award dated 10.5.2013 (Annexure P-3), whereby the Labour Court has answered the reference in favour of the workman by awarding compensation of `30,000/- on the ground that the workman had been litigating since 2002.
Mr.M.S.Bedi, learned counsel appearing for the petitioner submits that the services of the workman were terminated on 27.1.1985 and he raised the demand notice on 2.2.2002, which was declined and the first reference was dismissed in October, 2002. Thereafter, the workman had raised the second reference, which was culminated into passing of the award RAMESH KUMAR 2015.07.30 10:55 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.21947 of 2013 {2} Annexure P-3. He further submits that the compensation also includes the element of 6% interest from the date of passing of the award till realisation.
I have heard the learned counsel for the parties and appraised the paper book.
The fact remains that the workman, though had now superannuated, but his services were terminated without resorting to the provisions of Section 25-F of the Industrial Disputes Act. I do not intend to interfere with the findings rendered by the Presiding Officer awarding compensation of `30,000/-, to be paid within 60 days of the publication of the award. Since the Management has challenged the aforementioned award and the matter has remained pending in this Court, I deem it appropriate to modify the part of the award awarding interest, provided the Management pays the amount of `30,000/- within a period of one month from the date of receipt of certified copy of this order, failing which it shall entail interest @ 12% per annum.
The writ petition stands disposed of.
July 28, 2015 ( AMIT RAWAL )
ramesh JUDGE
RAMESH KUMAR
2015.07.30 10:55
I attest to the accuracy and
authenticity of this document
High Court Chandigarh