STATE OF PUNJAB Vs. BODH RAJ

JUDGEMENT

(1.) Challenge in the present writ petition, filed by the State, is to the award dated 29.08.2000 (Annexure P3) whereby the respondentworkman was directed to be reinstated with continuity of service and full back wages, from the date of his termination, i.e., 01.11.1992 till reinstatement.

(2.) As per the claim statement of the workman, he was appointed as a daily wage labourer under the supervision of the Manager, Government Sericulture Farm, Dinanager, Tehsil & District Gurdaspur-petitioner No.2 in January, 1983 and worked till October, 1993, continuously as per the rates approved by the Deputy Commissioner. His services were terminated w.e.f. 01.11.1992, without complying with the mandatory provisions of the Industrial Disputes Act, 1947 (for short, the 'Act') and despite approaching petitioner No.2 for reinstatement, he remained unemployed and juniors to him were retained in job and fresh recruitment were made and therefore, there was violation of Section 25-H. The workman also took the plea that the judgment passed in State of Punjab Vs. Presiding Officer, Labour Court, Bathinda, 1994 106 PunLR 266pertained to the Horticulture Department and therefore, the said facts were not applicable to the facts of the present case.

(3.) The claim statement was resisted by filing written statement and the plea taken was that the workman had not completed 240 days during the preceding 12 months and he was only appointed on need basis and as and when the seasonal agricultural works in the farm completed, his services automatically finished. Reliance was placed upon the judgment dated 04.09.1997 passed in the case titled Ram Saran Vs. Divisional Sericulture Officer, Sujanpur to take the plea that the Department of Sericulture does not fall under the definition of 'Industry', as per the earlier decision of the Labour Court, Gurdaspur, to controvert the plea taken by the workman regarding the applicability of the Act.