CWP No. 3280 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3280 of 2010 Date of decision: 24.02.2010 The Gumina Primary Agriculture Co-operative Society Limited ...... PETITIONER VERSUS Deen Dayal s/o Sh. Ghisa Ram and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Ashwani Bakshi, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for quashing of the Award dated 13.05.2009 (Annexure P-5) passed by the Industrial Tribunal-cum- Labour Court-I, Gurgaon, vide which the reference has been answered in favour of the workman holding him entitled to reinstatement with 30% back wages on the basis of last drawn salary. Counsel for the petitioner submits that it is an admitted position on behalf of the workman in his cross-examination that the workman knew CWP No. 3280 of 2010 2 about the fact that the said Depot i.e. Phunsika Khad Sub Depot had merged with Rajaiki Cooperative Credit and Service Society but still he did not join his service at the said Depot. His further contention is that the service of the workman was not dispensed with and since the workman failed to join the place of his posting, the provisions of Section 25-F of the Industrial Disputes Act would not be applicable as it would amount to abandonment of service. His further contention is that it would not be possible to reinstate the petitioner as the Society i.e. Gumina Cooperative Credit and Service Society is no more in existence as it has merged with other three societies, which has resulted in a new entity and, therefore, the Award passed by the Labour Court deserves to be set aside. I have heard the counsel for the petitioner and have gone through the records of the case. Basically the Award has gone against the petitioner- Management for the reason that the Management has failed to prove the factum that the workman was intimated with regard to his place of transfer. In the absence of any communication to that effect, non-joining of the workman at his place of posting, is obvious and, therefore, cannot be made a ground for holding that the workman had abandoned the job. The onus to prove the abandonment of services was on the Management which the Management has failed to discharge. The findings, thus, recorded by the Labour Court with regard to non-compliance of Section 25-F of the Industrial Disputes Act, cannot be disputed with. The contention of the counsel for the petitioner that the original society is no more in existence and, therefore, the workman cannot be reinstated in service, also does not hold good for the reason that the said society has merged with three other societies and, therefore, being one of CWP No. 3280 of 2010 3 the components of the present society, assets and liabilities would delve upon the present society, of which the original society i.e. Gumina Cooperative Credit and Service Society has become a part thereof. Finding no merit in the present writ petition, the same stands dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE February 24, 2010 pj