DEVINDER SINGH Vs. MUNICIPAL COUNCIL, SANAUR

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the order passed by the Division Bench of the Punjab and Haryana High Court in the writ petition filed by the Respondent whereby the award passed by Labour Court, Patiala (for short, "the Labour Court") for reinstatement of the Appellant was set aside and it was declared that he shall be entitled to wages in terms of Section 17B of the Industrial Disputes Act, 1947 (for short, "the Act").

(3.) THE Appellant challenged the termination of his service by raising an industrial dispute, which was referred by the State Government to the Labour Court. In the statement of claim filed by him, the Appellant pleaded that he had continuously worked in the employment of the Respondent from 1.8.1994 to 29.9.1996; that his service was terminated without holding any enquiry and without giving him notice and compensation and that persons junior to him were retained in service. In the written statement filed on behalf of the Respondent, it was pleaded that the Appellant was engaged on contract basis and his service was terminated because the Director, Local Self Government did not give approval to the resolution passed for his employment. According to the Respondent, the resolution passed for engaging the Appellant was sent to the Deputy Director for approval, but the same was returned with the remark that the approval may be obtained from the Director, Local Self Government. Thereafter, the resolution was sent to the Director, Local Self Government but no response was received from the concerned authority and, therefore, it became necessary to discontinue the service of the Appellant.