IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16886 of 2001 Date of decision:20.10.2009 The Bhinder Khurd National Cooperative Agricultural Service Society Limited. ...Petitioner versus The Presiding Officer, Labour Court, Bathinda and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioner. Mr. Harinder Sharma, Advocate, with Ms. Balwinder Kaur, Advocate, for respondent No.2 ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The award under challenge is a direction for reinstatement with continuity of service and 50% back wages. The Labour Court found that the workman had completed 240 days of service, but there had been no compliance of Section 25-F of the Industrial Disputes Act before his services were terminated. The Labour Court also found that there had been no enquiry constituted against the workman and the termination without affording to the workman any opportunity to explain his stand, was not tenable. For the first time in the writ petition the stand of the petitioner was that the workman had misbehaved with the members of the Society and his services were no longer necessary. Civil Writ Petition No.16886 of 2001 - 2 - 2. At the time when the matter is called, there is no representation for the petitioner. Counsel for the respondent alone is present and is ready for the case. The workman has merely the benefit of order under Section 17-B of the Industrial Disputes Act. 3. The writ petition is, accordingly, dismissed for default of appearance of the petitioner with cost assessed at Rs.5,000/- payable to the workman. (K.KANNAN) 20.10.2009 JUDGE sanjeev