RANBIR SINGH Vs. EXECUTIVE ENG.P.W.D

JUDGEMENT

(1.) Heard Shri Manjeet Singh, learned Senior Counsel for the appellant and also Shri Samar Vijay Singh, learned AAG for the respondent. By the impugned judgment the High Court has interfered with the award passed by the Labour Court, Hisar dated 13th October, 2006 and directed that appellant would be entitled to lump sum compensation of Rs. 25,000/- (Rupees Twenty Five Thousand Only) which was to be paid within three months of the order. The High Court notes the claim of the appellant to be that he was appointed verbally in June, 1983, and that, his service was terminated on verbal orders on 01.04.1991, after he had worked for eight years.

(2.) The case of the appellant was that he was working with the respondent for a period of nearly eight years and service was terminated without complying with Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as, 'the Act'). The Labour Court rejected the contention of the respondent that the appellant had not worked for 240 days and found that appellant had indeed worked for 240 days. It is found that there is noncompliance of Section 25F of the Act and the Labour Court awarded reinstatement of the appellant with 25 per cent back wages. As already noticed, it is this award which is set aside by the High Court.

(3.) Shri Manjeet Singh, learned Senior Counsel for the appellant would seek to rely upon the judgment of this Court in Ajaypal Singh v. Haryana Warehousing Corporation (2015) 6 SCC 321. He would further submit that some of persons juniors to him were also dealt with in a different fashion, and in their case, they are working and they have, in fact, been regularised also. Learned counsel submits that the appellant should be reinstated in terms of the order of the Labour Court. Per Contra, Shri Samar Vijay Singh, learned AAG for the respondent pointed out that the acceptance of the contention of the appellant involved violation of the law laid down by this court in Secretary, State of Karnataka and others v. Umadevi (3) and others (2006) 4 SCC 1. He still further drew out attention to the decision of this Court in State of Uttarakhand and another v. Raj Kumar (2019) 14 SCC 353 and points out that, in such circumstances, an order of reinstatement may not be justified.