C.W.P. No.2109 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.2109 of 2008 Decided on :10-11-2008 Dakshin Haryana Bijli Vitran Nigam Ltd. ....Petitioner VERSUS Presiding Officer, Labour Court & another ....Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. HON'BLE MR. JUSTICE NAWAB SINGH. Present:- Mr. Narender Hooda, Advocate for the petitioner. Mr. A.P. Bhandari, Advocate for respondent No.2. HEMANT GUPTA, J The challenge in the present writ petition is to the Award of the Labour Court dated 08.02.2006 (Annexure P-4), whereby respondent No.2 was ordered to be reinstated in service with continuity of service and 20% of back wages from the date of the demand notice. It is the case of the workman that he was appointed as a Shift Attendant vide appointment letter dated 18.02.1993. However, his services have been wrongly terminated without any information w.e.f. 23.09.1997 and therefore, it is alleged that such termination is illegal and the workman is entitled to be reinstated in service with full back wages. On the basis of ex parte proceedings, the Award was passed against the Management. In the present petition, the petitioner has pointed out that the petitioner was one of the selected candidates against the post of Shift Attendant. In fact, number of writ petitions were filed against the appointment to the post of Shift Attendant and these writ petitions were C.W.P. No.2109 of 2008 -2- allowed vide main judgment delivered in C.W.P. No.7382 of 1993, dated 25.11.1995. The Special Leave Petition filed by the selected candidates was dismissed by the Hon'ble Supreme Court on 18.02.1997. As a consequence of dismissal of S.L.P., the order of terminating the services was passed on 23.09.2007. Thus, it is contended that the termination is in pursuane of the orders passed by this Court, therefore, the dispute raised by the workman is nothing, but an abuse of process of law. After hearing learned counsel for the parties, we find that the workman has concealed material facts by raising an Industrial Dispute. On the basis of concealed facts and ex parte order, initiated against the Management, the learned Labour Court has announced an Award of reinstatement and back wages. In fact, a perusal of the averments made in the writ petition would show that the services have been terminated in pursuance of the order passed by this Court which has attained finalty with the dismissal of S.L.P. by the Hon'ble Supreme Court. In view of the said fact, no Industrial Dispute is maintainable and in fact, it is nothing but an abuse of process of law. Consequently, we allow the present writ petition and set aside the impugned award dated 08.02.2006 (Annexure P-4) passed by the Labour Court. (Hemant Gupta) Judge 10th November 2008. (Nawab Singh) Monika Judge