Shahabad Farmers Co-Operative Marketing-cum-Processing Society Ltd. vs Atam Parkash

Mehtab S. Gill. J.—The petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the award dated December 19, 1997 (Annexure P-4) passed by respondent No. 2-Presidmg Officer, Labour Court, Ambala.

Petitioner has averred that it is a Society and is doing the work under the name and style of the Shahabad Farmers Co-Operative Marketing-cum-Processing Society Ltd. Shahabad Markanda, District Kuruk-shetra (hereinafter referred to as the Society). The petitioner-Society retrenched the services of respondent No. 1-workman due to non-availability of work and lack of funds vide resolution dated July 15, 1992. Retrenchment notice dated July 15,1992 (Annexure P-1) along with sum of Rs. 23,440/- as compensation plus Rs. 2715/- as wages in lieu of one month''s notice was given to respondent No. 1-workman. Demand notice dated September 15, 1994 (Annexure P-2) was put forward by respondent No. 1-workman to respondent No. 2.

Notice of motion was issued to the respondents. Respondent No. 1 appeared and filed his written statement.

We have heard the arguments advanced by both the learned Counsel for the parties and perused the writ petition and the annexures attached therewith.

Admittedly, the case of Management is that the resolution was passed on July 15, 1992, wherein it is stated that the services of the workman are retrenched as the Society is running in heavy losses and is unable to carry on with the present staff. As per the resolution passed, a sum of Rs. 23,440/- as compensation plus Rs. 2715/- as wages in lieu of one month''s notice was offered to the workman. A cheque was sent through special messenger. Sham Singh, but the workman refused to accept it.

While going through the petition and the annexures attached therewith and seeing the copy of the cash book. Exhibit W-12, it is amply clear that the cheque was prepared on July 15, 1992 and the amount was debited on July 16, 1992. Another cheque bearing No. 104824 for the amount of Rs. 26155/- was prepared on July 16, 1992. This clearly falsifies the claim of the Management that the workman was offered retrenchment compensation on July 15, 1992. We, therefore, do not find any infirmity in the finding recorded by the Labour Court, Ambala.

For the reasons recorded above, we do not find any merit in this petition. The writ petition is, therefore, dismissed.

Petition dismissed.