HARYANA WAREHOUSING CORPORATION Vs. DEVI RAM

JUDGEMENT

(1.) RESPONDENT Devi Ram was working as Godown Attendant-cum-Watchman in the Haryana Warehousing Corporation, Gharaonda. His services were dispensed with by the Managing Director vide order dated February 24, 1987. After exhausting the administrative remedies, the plaintiff filed a civil suit in the Court of Sub Judge 1st Class, Karnal for a declaration that the order of termination of his service is illegal, ultra vires and null and void. The Subordinate Judge vide judgment and decree dated June 15, 1990 dismissed the suit.

(2.) AGGRIEVED against the aforesaid judgment and decree dated June 15, 1990, the plaintiff filed an appeal in the Court of District Judge Karnal. The District Judge vide judgment and decree dated April 15, 1991 accepted the appeal and declared the order of termination as illegal ultra vires and null and void and directed the reinstatement of the plaintiff. However, the District Judge directed that plaintiff will not be entitled to any back wages as he was gainfully employed during the period he remained out of service.

(3.) AGGRIEVED against the aforesaid judgment and decree dated April 15, 1991 passed by the District Judge, Karnal, the Corporation filed an appeal in this Court. Counsel for the Corporation strongly contended that the plaintiff was an employee of a public sector undertaking and fell within the category of a workman. The remedy of the plaintiff, if any, was to a reference to the Labour Court. The counsel for the respondent submitted that the appellant Corporation is a Government undertaking and is a State for the purposes of Article 12 of the Constitution and therefore, it can get a declaratory relief and can get the arbitrary order of termination of service set aside through a Civil Court.