TARA CHAND Vs. HAFED

JUDGEMENT

(1.) The petitioner was appointed as a chowkidar with the Haryana State Co-operative Supply & Marketing Federation Limited in July 1993. His services having been terminated, he approached the Labour Court. The claim having been rejected, he has filed the present writ petition. The petitioner prays that the award given by the Labour Court on September 11, 1996, a copy of which has been produced as Annexure P-1 with the writ petition, be quashed and that he be ordered to be reinstated with all consequential benefits.

(2.) This case had come up for hearing before a Bench of this Court on September 24, 1997. It was represented by the learned counsel for the petitioner that he had remained in service even after the alleged date of termination of his services and that the attendance register had been tampered with. In view of the statement made by the counsel for the petitioner, the Managing Director of respondent No. 1 was asked to appear in Court. She had given an undertaking to enquire into the matter. Mr. Govind Goel states that after an enquiry, it has been decided to reinstate the petitioner but without any payment of back wages. Mr. Kamal Sharma, learned counsel for the petitioner, accepts this offer and prays that the petitioner may be allowed to join immediately and be given the benefit of continuity of service. Mr. Govind Goel states that the petitioner will be deemed to have continued in service since the date of his initial appointment.

(3.) In view of the above, the writ petition has been rendered infructuous. It is, accordingly, disposed of. It is, however, clarified that the petitioner shall get the benefit of continuity of service but he will not be entitled to any back wages. In the circumstances of the case, there will be no order as to costs. The petitioner may report for duty on January 1, 1998 as stated by the learned counsel for the respondents.