C.R.No.3107 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.3107 of 2008. Decided on August 10, 2009. Ramesh Kumar .. Petitioner VERSUS Executive Engineer, HUDA, Panipat. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Viikram Singh, Advocate, for the petitioner. Mr.Munish Bansal, Advocate, for the respondents. M.M.S. BEDI, J. (ORAL) This petition has been filed by workman challenging the order dated 05.05.2008, passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat, dismissing the application of the petitioner to incorporate the date of termination of his services as 31.01.1997, instead of 23.10.2002. I have perused the reference order under Section 10 of the Industrial Disputes Act, in which the matter which has been . . . 1 C.R.No.3107 of 2008 referred to the Presiding Officer for adjudication is as follows: - 'Whether termination of the services of Ramesh Kumar is legal or not? If not, whether the workman is entitled to any relief? The Presiding Officer, Industrial Tribunal-cum- Labour Court, Panipat, has to determine, in any case, the validity of the termination order of the petitioner. The point whether it is w.e.f., 31.01.1997 or it is w.e.f., 23.10.2002, will have to be determined in all circumstances for the final and fair adjudication of the claim of the petitioner. While deciding the second portion of the point, to be determined, mentioned in the reference order, the Tribunal will have to determine, whether the applicant is entitled to any relief and in case that relief is available then the date from which the said relief is to be granted will be required to be determined, on the basis of the evidence before the Tribunal. The amendment seems to be necessary. The petition is allowed. The impugned order dated 05.05.2008, is hereby set aside. Nothing mentioned hereinabove will prejudice the rights of the parties on merits. Parties are directed to appear before the Tribunal on the date fixed before Tribunal. (M.M.S.BEDI) JUDGE August 10, 2009. rka . . . 2