IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2317 of 2010 Date of decision: 09.02.2010 Sanjesh Kumar Yadav s/o Shri Ram Nath Yadav ...... PETITIONER VERSUS The Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Faridabad and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Ms. Poonam Sharma, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The prayer in the present petition is for quashing of the order dated 07.09.2009 (Annexure P-4) passed by the Industrial Tribunal-cum- Labour Court-I, Faridabad, vide which the claim made by the petitioner under Section 33-C(2) of the Industrial Disputes Act has been dismissed on the ground that the reference is still pending adjudication before the competent Court and as no finding with regard to the claim made by the petitioner has been made or has been adjudicated upon, the application cannot be entertained. CWP No. 2317 of 2010 -2- Counsel for the petitioner contends that the subsistence allowance, which has been claimed by the petitioner, is a claim which the workman would be entitled to and in view of the fact that the said fact is not disputed by the Management, she contends that the order, impugned herein, therefore, deserves to be set aside. I have heard the counsel for the petitioner and have gone through the records of the case. It is not in dispute that the reference with regard to termination of the services of the petitioner is still pending before the Court for adjudication. The findings, therefore, recorded by the Labour Court and the conclusions drawn therein vide order dated 07.09.2009 (Annexure P-4) are in accordance with law and do not call for any interference by this Court. Dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE February 09, 2010 pj