SUKHCHARAN SINGH Vs. LD PRESIDING OFFICER

JUDGEMENT

(1.) THIS order will dispose of two above mentioned writ petitions as common question of law and fact is involved in both the petitions. The facts are taken from CWP No.463 of 2015 for convenience and the parties would be referred by their status in this petition.

(2.) THE Presiding Officer, Labour Court, Bathinda has rejected the reference by award dated 11th July, 2014 and upheld the order of dismissal passed by the Municipal Council, Jaitu, District Bathinda. His claim for reinstatement and consequential benefits has been turned down. The Labour Court framed 7 issues and proceeded to decide them on the basis of oral and documentary evidence led by both the parties.

(3.) THE facts in brief are that the petitioner was appointed as a Clerk on contract basis for 6 months on 11th December, 2000. He worked upto 30th November, 2001. He challenged his non -employment in a civil suit which went up in appeal. However, Government of Punjab decided to abolish octroi with effect from 1st December, 2001. It was the case of the Municipal Council that the reference was barred by limitation as well as the principles of res judicata. The petitioner had failed before the Civil Court and the appeal preferred by him stands dismissed and the mere fact that he completed 240 days in the last calendar year is of no avail to the workman as he was employed purely on contract basis for octroi collection which activity was abolished by the Government of Punjab. On abolishing the system of collection of octroi, the services of the petitioner came to an end automatically and no new appointment was made in place of the petitioner after he was relieved from service. The judgment and decree dated 18th March, 2008 was exhibited on the record as W19.