NARENDER SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) In the instant writ petition, petitioner has questioned the validity of the award passed by the Labour Court dated 10.10.2012 (Annexure P-1).

(2.) The petitioner was appointed as a Driver on daily wage basis by the respondents on 8.3.1996 and his services were continued upto 30.7.200 After dispensation from service, petitioner raised an industrial dispute and it was decided on 10.10.2012 by awarding a lump sum compensation of Rs. 80,000/- in lieu of reinstatement or any other relief. Feeling aggrieved by the award passed by the Labour Court, petitioner has presented this petition.

(3.) Learned counsel for the petitioner submitted that petitioner has rendered 6 years and 4 months. It is further submitted that Supreme Court in an identical matter i.e. Jasmer Singh v. State of Haryana and another; 2015 (4) M.P.L.J. 5 held that workman is entitled for reinstatement with continuity of service. He further relied on a decision of the Supreme Court in the case of Bharat Sanchar Nigam Limited v. Bhurumal; (2014) 7 SCC 177 to contend that if identical persons who are appointed on daily wage basis and whose services have not been terminated and consequently based on the regularization policy, if such employees' services were regularized, in that event, workman whose services have been terminated is entitled for reinstatement. In support of the said contention, learned counsel for the petitioner relied on a policy of the State Government relating to regularization vide Annexure P-2.