RISHI PAL, TICKET VERIFIER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has worked as daily wage ticket verifier with Haryana Roadways at Karnal from Jan. 22, 1991 to May 31, 1991. From June 1, 1991 to June 30, 1991, he remained as Canteen Attendant. One July 8, 1991, his services were terminated. The order of termination has been challenged on the short ground that the respondents had appointed Mohinder Kumar with effect from Aug. 2, 1991. The petitioner claims that he was entitled to be preferred in lieu of the provisions of Sec. 25-H of the Industrial Disputes Act. In the written statement filed on behalf of the respondents, a preliminary objection regarding the existence of effective alternative remedy before the Labour Court has been raised. It has also been stated that the petitioner had not completed 240 days in service. He was not as such a retrenched employee and was thus not entitled to protection of Sec. 25-H of the Act.

(2.) At the hearing, Mr. Surya Kant, learned counsel for the petitioner has stated that he does not want the services of Mohinder Kumar to be terminated. He will be satisfied if the petitioner is adjusted against a vacancy which may be available. He further states that in case no vacancy is available for the present, the petitioner may be adjusted against the vacancy which may arise in future. He further states that the petitioner will claim no arrears of salary.

(3.) Mr. Jaswant Singh, learned counsel for the respondents accept this proposal and on instructions from Mr. S.N. Gaur, Law Officer, Office of the General Manager, Haryana Roadways Depot, Karnal, he states that the petitioner shall be adjusted against an available vacancy (if any) or against the one which may arise in future.