PRINCIPAL RANI JHANSI LAXMI BAI AND ORS. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) BY this common order, I intend to dispose of Civil Writ Petition Nos. 1611, 1735, 1736, 1737, 1738, 1739, 1740, 1741 and 1742 of 2015 as the common question of law and facts involved in all the cases is the same. The facts are being taken from CWP No. 1611 of 2015. The challenge in the writ petitions is to the award dated 21.3.2014 (Annexure P -8), whereby the reference raised by the workmen vis -a -vis their termination has been answered in their favour and they have been held entitled to reinstatement with all consequential benefits, but without back wages for the reason that they have not worked for the intervening period.

(2.) MR . Hitesh Pandit, Additional Advocate General, Haryana appearing on behalf of the State submits that the Labour Court has committed an illegality and perversity in directing the petitioner -Management to take the workmen into service as they had rendered only two years of service. He further submits that the Labour Court has not appreciated the fact that the workmen were appointed on daily wages and in view of the ratio decidendi culled out by the Hon'ble Supreme Court in B.S.N.L. v. Bhurumal, : AIR 2014 SC 1188 : (2014) 7 SCC 177 : LNIND 2013 SC 1065 : 2014 -I -LLJ -260 they are not entitled to reinstatement. At the best, the workmen could be held entitled to compensation as they have failed to prove that there was availability of work and posts.

(3.) I have heard the learned counsel for the parties and appraised the paper book.