EXECUTIVE ENGINEER PWD KAITHAL Vs. GURDIAL SINGH

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing award 16/1/2006, Annexure P-6, allowing the claim application of the respondent No.1-workman.

(2.) It is the case of the petitioner, namely, The Executive Engineer, PWD, Kaithal, that respondent No.1, Gurdial Singh had been deputed to work under different contractors for doing maintainance work of the Water Supply Scheme of Kaithal Town and to maintain the tubewells and pipe lines etc. thereunder. The payments were made to respondent No.1 by the contractors. It is stated in the petition that respondent No.1-workman was never appointed by it at any point of time. It is further stated that after completion of the contract, the contractor removed respondent No.1 from service. The petitioner had no role to play at all in termination of services of respondent No.1. Petitioner has stated that on termination of services, respondent No.1-workman served upon it a demand notice under Section 2-A of the Industrial Disputes Act by stating that he was appointed as a Water Pump Operator under the petitionermanagement on 1/9/2000 on daily-wage basis and he worked as such continuously without any break till 30.4.2003 when his services were terminated despite the fact that his work had been found to be satisfactory.

(3.) The workman had further stated in the said notice that the management has terminated his services without giving any notice or retrenchment compensation in violation of the provisions of Section 25-F of the Act ibid in spite of the fact that he had completed 240 days' continuous service in a calendar year preceding his termination. He further stated that the persons junior to him had been retained and even fresh recruitments were made by the management in violation of the provisions of Section 25-G and H of the Act ibid. After giving of demand notice by the workman-respondent No.1, conciliation proceedings commenced which however failed which led to raising of an industrial dispute.