AJAYPAL SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge, allowing the writ petition of the respondent-management against award of reinstatement with backwages and continuity of service.

(2.) The workman worked for about two years on temporary basis as Work Mistry and his services were terminated. The workman raised an industrial dispute alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (for short, "the Act"). The Labour Court upheld the claim of the workman and directed reinstatement with backwages and continuity of service. The management challenged the said award, by submitting that appointment to a public post having been made without following the mandate of Article 14 and 16 of the Constitution, reinstatement was not justified and at best, the workman could be given compensation, if it was held that there was violation of Section 25-F of the Act.

(3.) Learned Single Judge upheld the said plea, after referring to judgments of the Hon'ble Supreme Court in Ghaziabad Development Authority and Anr. v. Ashok Kumar and Anr., 2008 4 SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula, 2008 1 SCC 575, M.P. Administration v. Tribhuwan, 2007 9 SCC 748, State of M.P. and Ors. v. Lalit Kumar Verma, 2007 1 SCC 575 and Jaipur Development Authority v. Ramsahai and Anr.,2006 2 SCC 684, Telecom District Manager and Ors. v. Keshab Deb, 2008 8 SCC 402 and Division Bench judgment of this Court in State of Haryana v. Ishwar Singh and Anr., 2008 3 SCT 788.