SUPERINTENDING ENGINEER, PWD (RURAL WATER SUPPLY) CIRCLE, BATHINDA AND OTHERS Vs. WORKMAN KAKA SINGH AND ANOTHER

JUDGEMENT

(1.) C.M. is allowed. Affidavit of respondent No. 1 is taken on record.

(2.) In the present writ petition, the challenge is to the award dated 02.11.2004 passed by the Labour Court, Bathinda, (Annexure P-7), vide which the workman has been ordered to be reinstated in service with continuity thereof along with 40% back wages from the date of demand notice i.e. 16.10.1995.

(3.) Counsel for the petitioners contends that even if the findings, which have been recorded in favour of the workman, are taken as it is, still the workman cannot be reinstated in service in the light of the fact that the workman was appointed as an Electrician on muster roll basis in the office of petitioner No. 3 and, therefore, the said appointment was not in accordance with the statutory rules leading to violation of Articles 14 and 16 of the Constitution of India, as the post, on which the workman is seeking reinstatement, is a public post.