PUNJAB STATE COOP MILK PRODUCERS FEDERATION LIMITED AND ANOTHER Vs. PRESIDING OFFICER, LABOUR COURT, BHATINDA AND ANOTHER

JUDGEMENT

(1.) Briefly stated, Harbans Singh, respondent No.2 was appointed as Artificial Insemination Assistant at Milkfed Project, Faridkot vide appointment letter dated 1.8.1984, Annexure P1, purely on adhoc basis for a period of 89 days. In terms of the appointment letter, upon the expiry of 89 days, his services were to stand automatically terminated. Accordingly, after the initial term of 89 days, the petitioner was re-engaged on 89 days' basis over a certain period of time. His services having been terminated, respondent No.2 raised an industrial dispute and a settlement was entered into on 27.10.1986 before the Labourcum- Conciliation Officer between the petitioner-Management and respondent No.2 in the light of which he was re-engaged in service. Services of respondent No.2 were thereafter terminated on 24.4.1988.

(2.) Such termination of service of respondent No.2 w.e.f. 24.4.1988 has been held to be bad in law by the Presiding Officer, Labour Court, Bathinda vide award dated 17.6.1992, Annexure P10, and he has been held entitled to re-instatement with continuity of service and back wages w.e.f. 18.7.1988 i.e. the date of the demand notice. Further directions have been issued by the Labour Court that in case there is no post of Artificial Insemination Assistant, then the Management would accommodate the workman/respondent No.2 on some other post of equivalent grade.

(3.) It is towards impugning such Labour Court award dated 17.6.1992 that the instant writ petition has been filed.