PUNJAB STATE ELECTRICITY BOARD Vs. BALWINDER SINGH

JUDGEMENT

(1.) Balwinder Singh was working as a Security Guard with the Punjab Slate Electricity Board. On June 29, 1990, his services were terminated He filed a suit for a declaration that the order of termination was illegal and that he was entitled to reinstatement with all consequential benefits including arrears of salary along with 12% interest. The trial court decreed his suit. The appeal having been dismissed by the Additional District Judge, Gurdaspur, the Board has filed the present second appeal.

(2.) Mr. Brar, learned counsel for the appellants submits that the services of a daily-wager can be terminated at any time without any notice. Since the plaintiff- respondent was employed on daily wages and had remained absent, the Board was entitled to assume that he had abandoned the job. The order of termination was passed only to ensure that a new person can be appointed in place of the plaintiff- respondent. On the other hand, it has been submitted by Mr. Ahluwalia, learned counsel for the plaintiff-respondent that the order of termination was passed only on account of the alleged absence. This could not have been done without holding an anquiry,

(3.) The plaintiff-respondent is present in Court. He has made a statement that he would not claim any arrears of salary in case he is reinstated with conlinuity of service. In the circumstances of the case, the offer made by the plaintiff-respondent is absolutely just and fair. Accordingly, the appeal is accepted to the extenl that the plaintiff-respondent shall not be entitled to any arrears of salary. However, he shall be reinstated into service immediately. The plaintiff-respondent undertakes to report for duty on March 1, 1996 to appellant No.2.