AMRITPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This Court passed an interim order on 14th October, 2014, in the instant case which reads as follows:

(2.) The first reflex of this Court, while issuing notice to the State, was to understand; whether there was a hidden agenda in this petition to lay a claim of seniority with effect from 1982 and to what effect.

(3.) The necessary facts for adjudication of them lis are these in brief: The petitioner was appointed as Tracer in the office of Chief Engineer (Drainage), Irrigation Works, Punjab on purely ad hoc basis for six months vide letter dated 29th July, 1982 (Annex P -1) with the condition that his services were liable to be terminated at any time without assigning any reason. The petitioner's services were terminated by letter dated 11th October, 1983 (Annex P -4) with effect from 10th October, 1983. Against this order, the Labour Court adjudication took place. The demand notice was served for the first time after 8 years of termination. The Labour Court by its award dated 7th December, 1992 granted relief of reinstatement since there was no limitation prescribed for making a reference. This is how the petitioner was reinstated with continuity of service, but was allowed 50% back -wages only from the date of demand notice i.e. 3rd April, 1991. The Irrigation Department questioned the award before this Court, which resulted in the order dated 12th March, 2010. The Court did not interfere with the award since the petitioner meanwhile was taken back in service on 22nd February, 1994, but after the workman made a statement that he would forgo his claim for back -wages.