STATE OF HARYANA Vs. PURAN CHAND AND OTHERS

JUDGEMENT

(1.) By award dated 29.12.1981 the Presiding Officer, Labour Court, Rohtak (Haryana) had reinstated the respondent workman into service with continuity of service and full back wages. The State of Haryana challenges this award on the ground that the workman being a daily wager cannot be reinstated into service with full back wages.

(2.) I have heard the learned counsel for the parties, it is not disputed that since the passing of the order of termination, the workman has been employed with the E.S.I. Hospital at Yamunanagar, since 1.3.1988. So, the dispute in the present writ petition is now confined to the period when the workman remained out of work on account of illegal termination of his service i.e. from 1.8.1978 to 1.3.1988. I am unable to agree with the submission made by the learned counsel for the petitioner. It is a settled proposition of law that once the Labour Court gives a finding that the order of termination is void, the workman is entitled to the relief of reinstatement into service with continuity of service and full back wages.

(3.) In view of the above, I find that the impugned award dated 29.12.1981 does not suffer from any error apparent on the face of the record.