PUNJAB STATE ELECTRICITY BOARD Vs. SUDESH KUMAR PURI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the consolidated orders passed by the Division Bench of the Punjab and Haryana High Court dismissing the four writ petitions filed by the appellant No.1-Punjab State Electricity Board (in short the 'Board'). The respondent in each case was engaged as Meter Reader on contract basis by the appellant-Board. After disengagement he made a claim stating that he had worked for a considerably long continuous period, his services have been terminated by the Board without following any procedure and without payment of retrenchment compensation. Claim for reinstatement with back wages was made. On failure of the conciliation proceedings, matter was referred by the concerned State Government to the Presiding Officer, Labour Court, Ludhiana (hereinafter referred to as the 'Labour Court') under Section 10 of the Industrial Disputes Act, 1947 (in short the 'Act'). Stand of the appellant before the Labour Court was that the applicant was engaged as private Meter Reader on contract basis which was renewed on two occasions and at the expiry of the contract period, the services have been dispensed with. It was specifically averred that the applicant concerned had never been employed by the Board and was not a workman under the provisions of the Act. During the concerned period a sum of Re.1/- for reading was paid as per the contract. There was neither any monthly salary nor the claimant could be treated as a person appointed by the Board.

(3.) The Labour Court held that the claimant had been engaged as a Meter Reader and had worked in that capacity for a considerably long period, his services have been terminated without notice or payment of compensation. It was concluded that the claimant had completed service for more than 240 days within the preceding twelve months, and he had been retrenched without following the procedure provided under Section 25-F of the Act, and as such was entitled to be reinstated. However, the back wages were restricted to 25%. The Board filed writ petitions questioning the award in each case. The claimants also filed writ petitions questioning quantum of back wages.