IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.723 of 2010 (O&M) Date of decision: 31.3.2011 Sanjesh Kumar -----Appellant. Vs. The Presiding Officer & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Shiv Kumar, Advocate for the appellant. Ms. Abha Rathore, Advocate for respondent No.2. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred against the order of learned Single Judge dismissing the writ petition of the appellant against rejection of application under Section 33C(2) of the industrial Disputes Act, 1947 (for short, “the Act”). 2. The appellant-workman was employed with the management of the private respondent-Company. His case is that after service of about eight years, he was placed under suspension and his services were terminated in December, 2005. The appellant raised an industrial dispute, as to legality of termination of his services, which was referred for adjudication LPA No.723 of 2010 and is pending. Additionally, the appellant filed an application under Section 33C(2) of the Act for subsistence allowance for the period during which he was under suspension. The said application has been dismissed on the ground that this issue could be gone into in proceedings for adjudication of industrial dispute relating to termination of his services. The said view has been upheld by learned Single Judge. 3. We have heard learned counsel for the parties. 4. Learned counsel for the appellant submits that issue of subsistence allowance will be beyond the scope of reference and thus, the appellant will be prejudiced by the impugned order and left without any remedy. Learned counsel for the respondent No.2-Management states that no objection to the issue of claim for subsistence allowance being gone into in the reference proceedings will be raised on behalf of the management as the said issue is clearly incidental to the adjudication of the issue of termination of services. 5. In view of statement of learned counsel for the management, no further order is necessary. The appeal is disposed of. (ADARSH KUMAR GOEL) - JUDGE March 31, 2011 (AJAY KUMAR MITTAL) ashwani JUDGE 2