STATE OF PUNJAB Vs. JASPAL SINGH AND ANOTHER

JUDGEMENT

(1.) This judgment shall dispose of Civil Writ Petitions No. 13742 and 13744 of 1999 filed by the State of Punjab through Executive Engineer, PWD (B&R) Construction Division, Pathankot (hereinafter referred to as 'the management') for setting aside awards dated 12.8.1998 and 3.12.1998, respectively, passed by the Presiding Officer, Labour Court, Gurdaspur, whereby after deciding the references in favour of Jaspal Singh and Amar Nath (hereinafter referred to as 'the workmen'), termination of their services was held to be illegal, unjustified and in violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), and they were ordered to be re-instated with continuity of service and with 50% back wages from the date of their respective demand notices till their reinstatement.

(2.) The claim of the workmen in both these cases was that they were engaged by the management as daily wage workers and remained under its employment for about 5 years, when their services were illegally terminated in gross violation of the provisions of Section 25-F of the Act. It was further alleged that their juniors were retained in service, and even after the termination of their services, fresh hands were appointed by the management.

(3.) On issuance of demand notices, the matters were referred by the appropriate Government to the Labour Court to adjudicate the question as to whether termination of the services of the workmen was justified, and if not, what relief could have been granted to them.