ENGINEER-IN-CHIEF, PWD (PUBLIC HEALTH), HARYANA & ANOTHER Vs. SAHIB SINGH (NOW DECEASED) THROUGH HIS LRS & OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to the award dated 08.05.1992 (Annexure P5), whereby the Labour Court, Rohtak directed reinstatement with continuity of service and full back wages. The claim of the workman was that he had worked from 02.04.1989 till 31.12.1989, as a Beldar and his services have been terminated even though his work and conduct was satisfactory and the mandatory provisions of Sections 25-F & 25-G of the Industrial Disputes Act, 1947 (for short, the 'Act'), had been violated and accordingly, reinstatement was prayed for.

(2.) The defence of the petitioner-Department was that the workman was working on daily wage basis, as per the rates fixed by the Deputy Commissioner and the work and conduct was not satisfactory and the Management was not required to follow the provisions of Sections 25-F, 25-G & 25-H of the Act and the same were not applicable and his services were, accordingly, terminated. It was admitted that the workman had completed 240 days in a calendar year, preceding the date of termination of service. However, the issue of maintainability of the reference was not pressed under Issue No.2, which would be clear from the impugned award and therefore, the Labour Court directed reinstatement in view of the admitted facts that 240 days of service had been completed.

(3.) The operation of the award was stayed and thereafter, the writ petition was admitted and stay was directed to continue. In the meantime, the workman expired and his legal representatives have been brought on record. The period of service of the workman is a factor which is now to be taken into consideration in view of the fact that he was a daily wager. Admittedly, during the intervening period, there has been a rapid and drastic change in law, regarding the relief of reinstatement and whether it is an automatic relief, to be granted in all cases of termination, especially on technical violation of Section 25-F of the Act. The earlier view of absolute right of reinstatement has been filtered down to hold that the length of service and the nature of employment is to be taken into consideration while directing reinstatement and compensation would be the appropriate relief.