GENERAL MANAGER Vs. RAMESH KUMAR

JUDGEMENT

(1.) Challenge in the present writ petition is to the Award dated 07.11.2013 (Annexure P-6) whereby, the Labour Court, Panipat has directed reinstatement of the respondent-workman on a suitable post according to his medical report with continuity of service in accordance with Rules and 50% back wages from the date of demand notice i.e. 12.05.2009. Counsel for the State has vehemently submitted that it was a contractual appointment of 89 days and he was found medically unfit to be regularized as per the terms of the contract and, therefore, the order directing reinstatement on a post other than a Driver would not be justified.

(2.) A perusal of the paper book would go on to show that vide letter dated 18.07.2003, the respondent-workman was given an offer for a contractual engagement as Driver for 89 days at a consolidated salary. As per clause 3, he was to produce a medical certificate of fitness on the date of joining from the Civil Surgeon of the District and the services were to be automatically terminated after the period of 89 days without any notice unless further extension was granted. As per Clause 6, his services could be dispensed with at any time without assigning any reason.

(3.) It is not a matter of dispute that the petitioner continued to work on these terms till 26.11.2008 and, therefore, it was beyond the period of contract as such and, therefore, the submission that the terms of Section 2 (oo)(bb) of the Industrial Disputes Act, 1947 (in short 'the Act') would be applicable is without any basis. It is settled principle of law that once the management resorts to such modes to avoid the provisions of the Act, it would amount to unfair labour practice.