LAWS(P&H)-2018-4-277

STATE OF HARYANA Vs. RAJBIR SINGH AND ANOTHER

Decided On April 25, 2018
STATE OF HARYANA Appellant
V/S
Rajbir Singh And Another Respondents

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the award passed by the labour court dated 21.10.2003 (Annexure P-5).

(2.) Respondent-Workman has rendered service from September, 1995 to August, 1996. Feeling aggrieved by the dispensation his services he raised an industrial dispute. Labour court passed award in favour of the respondent on 21.10.2003 while extending the benefit of reinstatement with continuity of service and with all other consequential service benefits however, without back wages. Respondent-workman filed a petition questioning the portion of the award in respect of denial of back wages which was subject matter in CWP No. 7671 of 2004 and it was decided on 07.04.2014 to the extent that respondent is not entitled to back wages. Both the parties have not apprised this court while deciding CWP No. 7671 of 2004 to the extent that State's writ petition i.e. present petition is pending consideration. Had they brought to the notice of this court relating to pendency of the present petition court would have decided both the matter together.

(3.) Learned counsel for the petitioner submitted that respondent has worked only from September, 1995 to 1996 and his services have been dispensed way back in the year 1996. Therefore, question of reinstatement with consequential benefits in the year 2003 may not be appropriate in view of the Supreme Court decision rendered in case titled as Bharat Sanchar Nigam Limited versus Bhurumal, 2014 7 SCC 177 reported in.