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2007 DIGILAW 1307 (PNJ)

Hindustan Machine Tools Ltd. v. Lajwanti

2007-07-11

MAHESH GROVER, VIJENDER JAIN

body2007
Judgment VIJENDER JAIN, C. J. 1. This appeal has been preferred against the judgment of the learned Single Judge holding that the services ofthe workman will be deemed to have been terminated on the day when the action of the management was upheld by the Labour Court. 2. The learned Single Judge while concluding as above relied upon Desk Raj gupta y V/s. Industrial Tribunal IV U. P. Lucknow and Another, AIR 1990 SC 2174 : (1991) 1 SCC 249 : 1991-I-LLJ-120 and Gujarat Steel Tubes ltd. V/s. Gujarat Steel Tubes Mazdoor Sabha and others, AIR 1980 SC 1896 : (1980) 2 SCC 593 : 1980-I-LLJ-137. 3. Aggrieved by the said judgment, this appeal was preferred by the management, inter alia, praying that the finding of the learned single Judge was contrary to the Constitutional bench in P. H. Kalyani V/s. Air France, AIR 1963 sc 1756 : 1963-I-LLJ-679 and D. C. Roy V/s. Presiding Officer, Labour Court and Others, air 1976 SC 1760 : (1976) 3 SCC 693 and to the judgments of the Punjab and Haryana High court which were rendered prior to the impugned judgment. 4. The learned single Judge has awarded back wages from the date of dismissal i. e. acceptance of the resignation of the workman from March 27, 1970 till the Labour Court upheld the dismissal on April 8, 1992 and it is this grant of back wages to the workman which has been assailed before us in this appeal by the management. 5. The main thrust of the argument of the learned counsel for the appellant is that the date of dismissal which has been observed by the learned Single Judge could not relate back to the date of the order passed by the management and termination or acceptance of resignation was contrary to the dictum laid down by the constitutional Bench of the Supreme Court as well as other authorities passed by the Supreme court in this regard including a recent one in punjab Dairy Development Corporation limited V/s. Kala Singh, AIR 1997 SC 2661 : (1997) 6 SCC 159 : 1997-II-LLJ-1041 which has also considered Desh Raj Guptas case (supra) and P. H. Kalyani s case (supra) and in punjab Dairy Development Corporation limited etc. the Supreme Court specifically overruled Desh Raj Guptas judgment. 6. the Supreme Court specifically overruled Desh Raj Guptas judgment. 6. When the appeal was filed on March 31, 1997, notice of motion was issued and the impugned order was stayed. Thereafter the respondents did not appear in the appeal. Statement was made on September 22, 2006 that a fresh application will be moved by the appellant for substituted service, as it was not possible for the appellant to serve the respondents in ordinary manner. Thereafter, the court directed the publication of notice in the newspaper which has since been made in The tribune on March 12, 2007 but despite that nobody has put in appearance on behalf of the respondents. 7. We have heard the submission of the learned counsel for the appellant. 8. The finding of the learned Single Judge that the services ofthe workman will be deemed to have been terminated on the day when the action of the management was upheld by the labour Court and the date of dismissal cannot relate back to the date of the illegal order and the order of back wages to the workman from march 27, 1970 till the date of impugned award i. e. April 8, 1992 cannot be sustained in view of the judgment of the Constitutional Bench in p. H. Kalyanis case as well as in view of what has been held in Punjab Dairy Development corporations case (Paragraph 2 ). 9. The appeal is accordingly allowed and the judgment of the learned Single Judge is set aside.