GURJANT SINGH and ORS Vs. STATE OF PUNJAB and ORS.
EmailAppeal: CIVIL APPEAL NO.5445 OF 2016
Petitioner: GURJANT SINGH and ORS
Respondent: STATE OF PUNJAB and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Jul 01, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5445 OF 2016 (Arising out of SLP (C) No.25233 of 2013)
GURJANT SINGH & ORS. APPELLANTS
VERSUS
STATE OF PUNJAB & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1 Leave granted. 2 The appellants approached this Court aggrieved by the Judgment dated 16th July, 2013 passed by the High Court of Punjab and Haryana at Chandigarh whereby the High Court had remitted the references under the Industrial Disputes Act, 1947 to the Labour Court/Industrial Tribunal,Patiala. The appellants apprehended that during the pendency of the adjudication before the Industrial Tribunal, Patiala, they would be terminated from the service. 3. By order dated 30th September, 2013, this Court directed to maintain status quo with regard to the service of the appellants. It appears on account of the said interim order, the Industrial Tribunal, Patiala did not proceed with the references. Therefore, by a subsequent order dated 14th October, 2015, it was clarified that pendency of the matter before this Court shall not stand in the way of the Labour Court proceeding with the references. 4. The Industrial Tribunal, Patiala has thereafter decided the references and has passed Awards in the case of all five appellants. It is seen from the Awards that all the appellants/workmen have been directed to be reinstated with the continuity of service but without the back wages for the period they have not rendered any service. 5. In view of the above development, we do not think it necessary to keep this appeal pending. Now that the Industrial Tribunal, Patiala has passed the Awards, it is for the parties concerned (appellants and respondent Nos. 1 to 3) if they are aggrieved, and if so advised, to pursue the matter in accordance with law. 6. Accordingly, the appeal is disposed of with no order as to costs.
…………….J. [KURIAN JOSEPH]
………………..J. [ROHINTON FALI NARIMAN] NEW DELHI; JULY 01, 2016
CIVIL APPEAL NO.5445 OF 2016 (Arising out of SLP (C) No.25233 of 2013)
GURJANT SINGH & ORS. APPELLANTS
VERSUS
STATE OF PUNJAB & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1 Leave granted. 2 The appellants approached this Court aggrieved by the Judgment dated 16th July, 2013 passed by the High Court of Punjab and Haryana at Chandigarh whereby the High Court had remitted the references under the Industrial Disputes Act, 1947 to the Labour Court/Industrial Tribunal,Patiala. The appellants apprehended that during the pendency of the adjudication before the Industrial Tribunal, Patiala, they would be terminated from the service. 3. By order dated 30th September, 2013, this Court directed to maintain status quo with regard to the service of the appellants. It appears on account of the said interim order, the Industrial Tribunal, Patiala did not proceed with the references. Therefore, by a subsequent order dated 14th October, 2015, it was clarified that pendency of the matter before this Court shall not stand in the way of the Labour Court proceeding with the references. 4. The Industrial Tribunal, Patiala has thereafter decided the references and has passed Awards in the case of all five appellants. It is seen from the Awards that all the appellants/workmen have been directed to be reinstated with the continuity of service but without the back wages for the period they have not rendered any service. 5. In view of the above development, we do not think it necessary to keep this appeal pending. Now that the Industrial Tribunal, Patiala has passed the Awards, it is for the parties concerned (appellants and respondent Nos. 1 to 3) if they are aggrieved, and if so advised, to pursue the matter in accordance with law. 6. Accordingly, the appeal is disposed of with no order as to costs.
…………….J. [KURIAN JOSEPH]
………………..J. [ROHINTON FALI NARIMAN] NEW DELHI; JULY 01, 2016
