SMADH BHAI MULTIPURPOSE COOPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The present civil writ petition has been filed challenging the award dated 02.12.2013 (Annexure P-10) passed by the Labour Court, Bathinda whereby, respondent no. 2-workman was reinstated in service on the same post on the same terms and conditions on which he was already working with the management-petitioner with continuity of service alongwith 30% back wages from the date of demand notice i.e. 15.02.2011 till joining of his duty.

(2.) Contention of counsel for the petitioner is that there is no such post of Driver with the society and as per the Rules, the procedure for appointment was never followed and, therefore, the Labour Court was not justified in directing reinstatement. It is further submitted that the appointment was only a contractual appointment and Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (in short 'the Act') was not kept in mind by the Labour Court.

(3.) Counsel for the workman-caveator, on the other hand, contended that it has come on record that even after the termination of the services of the petitioner, who had worked from 01.08.2007 to 15.12.2010, other Drivers were kept and, therefore, it shows that the work is of a perennial nature and the Labour Court is well justified in directing reinstatement.