GARRISON ENGINEER UTILITY BHATINDA Vs. NARINDER SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant questioning correctness of the award dated 25.8.2003 made by the Presiding Officer Central Government Industrial Tribunal cum Labour Court, Chandigarh (hereinafter referred to as the Labour Court).

(2.) Background facts in a nutshell are as follows :

(3.) Respondent was engaged as Mazadoor on daily wages basis during various periods from 1.1.1985 to 15.1.1987. He was engaged as per the requirement of the department on the basis of specific sanction of muster roll vacancies from time to time. However, the aforesaid sanction did not exceed 25 days in one stretch of period under any circumstances and the period of Sundays and holidays were also included in the above period. As the services of the respondent No.1 were no longer required, his engagement was terminated on 16.1.1987. After about five years respondent No.1 sought for a reference and claimed that his services were to be regularized. He claimed that he has worked for more than 240 days and, therefore, the termination of service without following the procedures of the Industrial Disputes Act, 1947 (in short the Act) was bad in law. The appellant filed reply to the claim petition. It was specifically pleaded that the appellant is a part of the Defence Department and is not an industry and, therefore, the reference was not maintainable. Labour Court did not specifically deal with this aspect and holding that the respondent had rendered services for 240 days, his termination was not sustainable. The award was challenged before the High Court. Apart from the other controversies a specific plea was raised that the appellant is not an industry and, therefore, the Act has no application.