DALBIR SINGH Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) The instant writ petition is directed against the award dated 11.11.2011 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar, at Annexure P-4 whereby while answering the reference, the petitioner/workman has been awarded a lump sum compensation of Rs.15,000.00 in lieu of reinstatement.

(2.) Counsel for the petitioner would submit that the workman was appointed as Keyman Operator w.e.f. 01.01.2003 and was posted in Public Health, Sub Division, Loharu for operating tubewells and for maintaining the pipelines. It is stated that the workman served continuously up to 08.10.2004 and whereupon he was informed verbally that his services have been terminated. Counsel would argue that the workman had completed more than 240 days' in the preceding 12 months taken from the date of termination and the labour Court having recorded a finding as regards non compliance of Sec. 25-F of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act'), the relief of reinstatement with continuity of service should have been granted. In support of such submission, counsel has relied upon the judgment rendered by the Honourable Supreme Court of India in Ramesh Kumar Vs. State of Haryana, 2010(1) S.C.T. 675 : 2010 (3) SLR 248.

(3.) Per contra, learned State counsel would submit that the workman at best had been engaged as a daily wager and as such, he had no right on the post. It has further been contended that the labour Court has rightly granted compensation of Rs.15,000.00 to the workman and as such, the impugned award does not call for any interference by this Court in exercise of its supervisory jurisdiction.