PUNJABI UNIVERSITY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This order proposes to dispose of three writ petitions bearing CWP No. 13384 of 1992 (Punjabi University, Patiala v. Presiding Officer, Labour Court, Patiala and another), CWP No. 5606 of 1996 (Harpreet Singh v. Vice Chancellor Punjabi University, Patiala and others) and CWP No. 15012 of 2006 (Harpreet Singh v. Vice Chancellor Punjabi University, Patiala and others). All the three writ petitions are between the same parties and the later two filed by the respondent workman, are dependent on the result of first writ petition, filed by the petitioner-management, i.e. CWP No. 13384 of 1992. However, the facts are being culled out from the first writ petition, i.e. CWP No. 13384 of 1992. Facts first.

(2.) It was pleaded and argued case on behalf of the petitioner-management that from 25.4.1987 till 3.5.1988 the respondent-workman worked only for 214 1/2 days. He was paid only for the days he worked in the University. However, relying upon the Division Bench judgment of this Court, learned Labour Court counted Saturdays, Sundays and other holidays for the purpose of completion of 240 days, to the credit of the respondent-workman. It was finally held that after counting Saturdays, Sundays and other holidays, the respondent-workman rendered more than 240 days continuous service with the management, because of which he was entitled for the protection under Section 25-F of the Act. Reinstatement with continuity of service and 50% back wages was ordered vide impugned award dated 13.3.1992 (Annexure P-1). Feeling aggrieved, petitioner-management approached this Court by way of instant writ petition.

(3.) Notice of motion was issued and pursuant thereto written statement on behalf of respondent-workman was filed. Operation of the impugned award, which was initially stayed vide order dated 1.10.1992 was modified vide order dated 20.1.1993, while admitting the writ petition. It was ordered that ad-interim stay will operate subject to the provisions of Section 17-B of the Act.