STATE OF PUNJAB Vs. SH PARVESH KUMAR

JUDGEMENT

(1.) THE State of Punjab through these three Civil Writ Petitions Nos. 13631 of 1991,5750 and 9481 of 1993, challenges the three separate awards given by the Labour Court, Chandigarh. Learned counsel for the parties have referred to the facts to Civil Writ Petition No. 9481 of 1993. These may be briefly noticed.

(2.) THE first respondent was recruited as a clerk on November 13, 1981 by the Director, Punjab State Lotteries. This appointment was on 'daily wages'. He continued to work till October 30,1987 when his services were terminated. Aggrieved by the action, he raised an industrial dispute. A reference was made by the appropriate Government to the Labour Court. On the pleadings of the parties, the following issues were framed :1. Whether the services of workman were terminated illegally by the management, if so to what effect and to what relief the workman is entitled to, if any ? OPM 2. Whether the Director, Punjab State Lotteries is not an industry and for this reason, the reference is not maintainable ? OPM

(3.) RELIEF . 3. The Labour Court decided all the issues in favour of the workman and consequently, held that the order of termination was void. It ordered reinstatement of the workman with 50% back wages. Aggrieved by this award, the State of Punjab had filed the present writ petition. It has been inter alia challenged on the ground that the termination was in strict conformity with the terms of appointment and as such, it did not amount to retrenchment in view of the provisions of Section 2 (oo) (bb ). 4. The respondent-workman has filed a written statement controverting the claim made on behalf of the petitioner.