KULBIR SINGH Vs. PRESIDING OFFICER & OTHERS

JUDGEMENT

(1.) The short question that arises for consideration in the instant writ petition is as to whether the petitioner/workman having worked as daily wager over a short span of time and his termination having been held to be in contravention of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the 'Act') would be entitled to the relief of reinstatement with continuity of service

(2.) Briefly noticed, the case set up on behalf of the petitioner/workman was that he had joined the respondent-department on 01.04.1998 as Pump Operator and his services were terminated on 01.08.2000 in violation of the provisions of the Act. Upon industrial dispute having been raised and a reference having been made by the Appropriate Government award dated 13.02.2013 has been passed by the Presiding Officer, Industrial Tribunal, Patiala (Annexure P-3), whereby a finding has been returned that services of the petitioner/workman were terminated in violation of Section 25-F of the Act and he has been awarded compensation of Rs.50,000/- but denied relief of reinstatement.

(3.) Counsel appearing for the petitioner/workman would vehemently contend that reinstatement must follow where termination has been found to be in breach of Section 25-F of the Act. Per contra, learned counsel appearing for the respondents/ employer would contend that the workman was a daily wager and who had not been engaged in pursuance to any regular selection process and as such, the impugned award is well founded, whereby relief of compensation has been granted in lieu of reinstatement.