MANA MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition seeking a direction to the respondents to regularize his service with effect from 1.1.1997.

(2.) CASE of the petitioner, in brief, is that he was appointed as a Chowkidar with respondent No. 3 on daily wage basis on 18.4.1984. Services of the petitioner were terminated on 21.7.1988. Petitioner raised an industrial dispute and award (Annexure P -1) was passed in his favour on 27.11.1997. Petitioner was reappointed on 7.8.2000 in terms of the award (Annexure P -1). Services of the petitioner were regularized with effect from 21.10.2004. As per the seniority list (Annexure P -3), petitioner was placed at Serial No. 80 whereas he was liable to be placed at Serial No. 6, i.e. above Puran Chand, whose name has been shown at Serial No. 6. Hence, the present petition by the petitioner.

(3.) LEARNED counsel for the respondent -PUNSUP, on the other hand, has submitted that before the Labour Court, a compromise was effected between the parties. The management had agreed to grant fresh appointment to the petitioner as and when vacancy arose in the department as per the seniority. Since the petitioner was granted fresh appointment, his seniority was liable to be considered from 7.8.2000.