HARYANA URBAN DEVELOPMENT AUTHORITY Vs. OM PAL

JUDGEMENT

(1.) Leave granted.

(2.) Respondent herein was appointed as a daily-wager. From October, 1994 to February, 1995, he worked for a period of 145 days in Sub- Division No.2, Panipat. He, however, worked in Sub-Division No.3 for a period of 90 days from March 1995 to July, 1995. His services were terminated. An industrial dispute was raised questioning validity of the said order of termination. The said industrial dispute was referred by the Appropriate Government to the Industrial Tribunal-cum-Labour Court, Panipat, for its determination. It was registered as Reference No.59 of 1999. By an award dated 28.2.2003, the Industrial Court on the premise that the services rendered by the respondent in both the Sub-Divisions should be counted for the purpose of Section 25F read with Section 25B of the Industrial Disputes Act, 1947, directed his reinstatement with continuity of service and full back-wages from the date of demand notice i.e. 14.9.1995. A writ petition filed thereagainst by the appellant herein was dismissed. The appellant has, therefore, filed this appeal by special leave.

(3.) The short question which arises for consideration by us in this appeal is as to whether in the aforementioned fact situation, the Industrial Tribunal-cum-Labour Court was justified in directing reinstatement of the respondent with full back-wages and continuity of service. It has not been denied or disputed that the two Sub-Divisions constituted two different establishments. Only because there is one Controlling Authority, the same by itself would not mean that the establishments were not separate.