EXECUTIVE ENGINEER, KARNAL Vs. RAJINDER SINGH

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 04.09.2013 (Annexure P4), passed by the Labour Court, Panipat wherein it was held that no action had been taken against the workman for not joining duty before filing of the demand notice and accordingly, he was held entitled for reinstatement with continuity of service and 50% back wages from the date of demand notice, i.e., 13.02.2006.

(2.) COUNSEL for the State has vehemently submitted that the petitioner - Department was willing to take the workman back provided he supplied the medical treatment report, duly approved by the Government Medical authorities and as the workman failed to do so, he was not entitled for the back wages.

(3.) A perusal of the record goes on to show that the workman was appointed as a work -charge Mistri on 18.09.1979 and thereafter, he was made regular, after a period of 10 years, i.e., on 12.07.1989. As per his pleadings in the claim statement, he had removed some Peer Kabar on the site of the road from Gharaunda to Kalron, in the exercise of his duties and thereafter, suffered some psychiatric problems and remained ill and took treatment from various private institutes and Ashrams and therefore, could not report for duty w.e.f. 01.04.2001. He corresponded on 01.09.2003 with the Department for joining back to work but was not allowed. Resultantly, he filed a demand notice dated 14.02.2006 (Annexure P1) and then filed the claim petition dated 14.12.2007.