HARMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition by the workman under Articles 226/227 of the Constitution, seeking the quashing of award, dated 25.7.1980 passed by the Labour Court, Patiala.

(2.) The petitioner, Harmail Singh, worked as a Clerk in the office of respondent No. 3, the Faridkot Primary Co-operative Land Mortgage Bank. The petitioner had joined the service of the Bank as a Clerk on 1.1.1977 for a period of 89 days. After this initial term was over on 30.3.1977, there was a break of one day, i.e., 31.3.1977 and thereafter he was reappointed on 1.4.1977 again for a period of 89 days. His service came to an end automatically on 27.6.1977. Again break of one day occurred and the petitioner was given the third term of employment for 89 days from 29.6.1977 to 26.9.1977. The services of the petitioner then came to an end on 26.9.1977. The petitioner challenged the order of termination, dated 26.9.1977, before the Labour Court but the Labour Court did not give any relief on the ground that the employment of the petitioner was a term employment and, therefore, there was no case for reinstatement. The Labour Court took the view that, since the workman had been employed on temporary basis for a fixed period, the service of the petitioner came to an end automatically after the expiry of the last extension. It was not a case of termination but that of the automatic end of service after the expiry of the fixed term. Since the petitioner had not worked continuously for one year, his plea was rejected.

(3.) The petitioner's case is that he had actually worked for not less than 240 days within a period of 12 months and, therefore, he fulfilled requisite condition under the Industrial Disputes Act (for short, the Act). It is also stated that one Narjinder Singh had been subsequently employed by the employer Bank is place of the petitioner after petitioner's service stood terminated. The petitioner was neither given notice of one month nor salary in lieu of notice. The petitioner was also not given the retrenchment compensation, as required by law.