JANTA VIDYA MANDIR Vs. J D CHANANA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 01.04.1992 (Annexure P -6) whereby, the Labour Court, Hisar held that the workman -respondent no. 2 was liable to be reinstated to the same post forthwith with full back wages and continuity of service and other consequential benefits while answering the reference in favour of the workman.

(2.) AS per the demand notice dated 30.07.1988, the plea of the workman was that he was in service since 07.08.1987 as a Beldar (regular) and drawing salary of Rs. 600/ - per month and was relieved on 01.06.1988 on the ground that his services were not required and the same amounted to retrenchment in violation of the provisions of Section 25 -F of the Industrial Disputes Act, 1947 (in short 'the Act'). In the reply to the said demand notice, the petitioner -management took the plea that the applicant was appointed on representation of the students for cleaning the grounds from student fund as Beldar and the appointment was purely on temporary basis and the applicant had taken all his dues on 03.06.1988. The petitioner -college was recognized by the Government and had no power to create any post or abolish any post and only the State of Haryana through Education Department can create new post or can abolish and the applicant was not paid any salary from the college fund.

(3.) SIMILAR was the plea in the written statement dated 26.04.1989 filed before the Labour Court on the matter being referred under Section 10 of the Act. On the pleadings of the parties, the Labour Court framed the following issues: -