CHET SINGH Vs. SECRETARY TO GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 26.02.2009, passed by the learned Single Judge, setting aside the Award dated 05.10.2006, passed by the Industrial Tribunal-cum-Labour Court, Chandigarh.

(2.) Before the Industrial Tribunal-cum-Labour Court, no plea was raised by the Respondent-establishment that the workman-Appellant was employed on a public post in contravention of the statutory provisions governing the service. There was no stand taken in the reply filed to the statement of claim that while filling up the post of Mason, some statutory rule was required to be followed or that the provisions of Articles 14 and 16(1) of the Constitution were violated. Accordingly, no finding has been recorded by the Industrial Tribunal-cum-Labour Court on the aforesaid issue. However, it has been found as a fact that the workman-Appellant did not complete 240 days and there was, thus, no violation of Section 25-F of the Act.

(3.) The Industrial Tribunal-cum-Labour Court has recorded another categorical finding in paras-14, 15, and 16, that the principle of 'last come first go' has not been followed and accordingly, it has been found that there is violation of Section 25-H of the Act because Kamlesh Kumar, Bhag Singh, and Karnail Singh, who were engaged after the engagement of the workman-Appellant were continued by the Respondent-establishment. On the basis of the aforesaid finding, the Industrial Tribunal-cum-Labour Court has ordered reinstatement of the workman-Appellant on the same terms and conditions at which he was working on 01.08.1996 with continuity of service, but without back wages.