LAWS(SC)-2006-7-87

H U D A Vs. JAGMAL SINGH

Decided On July 13, 2006
H.U.D.A. Appellant
V/S
JAGMAL SINGH Respondents

JUDGEMENT

(1.) Heard Mr. Sanjay Jain, learned Counsel for the appellant and Mr. D.P Chaturvedi, learned Counsel for the respondent.

(2.) The above appeal is directed against the order passed by the Punjab and Haryana High Court in Civil Writ Petition No. 5947 of 2003, The Writ Petition filed by the appellant herein was dismissed without assigning any reasons whatsoever.

(3.) The respondent herein was appointed by the appellant as sweeper on daily wages on 01.05.1992. According to the appellant, the respondent had left the service at his own which has been disputed by the learned Counsel for the respondent. The respondent sent a demand notice after a delay of four and a half years through the Labour-cum-Conciliation Officer, Panipat to the appellant asking for reinstatement with continuous service and back wages. The appellant filed reply to the demand notice before the Labour-cum-Conciliation Officer, Panipat putting it clearly that the respondent had not completed 240 days service in any of the three years that he had worked there. The dispute was referred to the Industrial Tribunal-cum-Labour Court, Panipat, The Labour Court passed an award in favour of the respondent holding that the respondent was entitled to reinstatement to the service with continuity of service and full back wages from the date of demand notice, i.e., 11.11.1999, Aggrieved by the said order, the appellant invoked the jurisdiction of the High Court of Punjab and Haryana seeking setting aside of the order of the Industrial Tribunal and Labour Court. The High Court, as stated earlier, dismissed the Writ Petition.