C.W.P No.9325 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.9325 of 1999 Date of Decision: 28.07.2009 Abdul Karim Khan .....Petitioner Versus The Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Faridabad and others .....Respondents Present: Ms. Renu Bala Sharma, Advocate for the petitioner. Mr. D.S. Nalwa, Addl. A.G., Haryana. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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? -.- K. KANNAN J.(ORAL) 1. The writ petition challenges the order passed by the Labour Court rejecting the reference sought by the workman that his services have been illegally terminated. The rejection was on a reasoning that he had been permitted to make representation by an order passed by this Hon'ble Court in a writ petition filed by the workman in C.W.P. No.4946 of 1991 against the termination of his services. Such an application had not been made within the time as granted by this Hon'ble Court and therefore, the termination had been subsequently made. 2. In a case under reference, which required an adjudication whether such termination was bad, the Labour Court was bound to consider the contentions raised by the workman regarding the nature of employment, the period of service that he put in and the issue C.W.P No.9325 of 1999 -2- whether the statutory provisions had been duly complied before the impugned order of termination was effected. The Labour Court had rejected the reference on the ground that since he had not given the representation to the Government as directed by the Division Bench while disposing of C.W.P. No.4946 of 1991, he cannot complain about termination. The award of the Labour Court is required to be set aside on the only ground that it does not address the subject of reference in the manner required and skirts the issue of what was required to be adjudicated upon. 3. The award of the Labour Court, under the circumstances, is set aside and remitted to the Labour Court for consideration on merits in accordance with law. The matter relates to an issue regarding termination that was made on 06.11.1991 and under the circumstance, I request that the Labour Court adjudicates the matter as expeditiously as possible preferably within a period of four months from the date when the records of the case are received. The parties shall appear before the Labour Court at Faridabad on 26.08.2009. 4. Writ petition is disposed of in the above terms. (K. KANNAN) JUDGE July 28, 2009 Pankaj*