STATE OF PUNJAB Vs. LAJPAT RAI AND ANOTHER

JUDGEMENT

(1.) The present writ petition has been filed by the State of Punjab challenging the award dated 17.1.1990 (Annexure P-1) vide which the reference was answered in favour of the respondent-workman and a direction was issued to the petitioner to reinstate the workman with continuity of service. The workman has further been held entitled to half of the back-wages from the date of termination till reinstatement.

(2.) Counsel for the petitioner contends that the workman was appointed on purely temporary basis and as per his appointment letter, his services were liable to the terminated with 10 days' notice on the either side. Since the services of the workman were no more required by the department for want of work, his services were terminated after giving him 10 days' notice on 21.2.1975. He contends that since the services of the workman were dispensed with in accordance with his appointment letter, he is not entitled to reinstatement in service with 50% back wages as has been ordered by the Labour Court vide its impugned award.

(3.) A perusal of the impugned award would show that the workman had worked for four years with the petitioners and it has further come on record that the work was available on which the workman was appointed. It has also come on record that Shri Tara Singh, was appointed as Research Assistant after 2 months of the termination of the workman. In the light of this, the learned Labour Court has proceeded to hold that the termination of the workman was in accordance with law and the provisions of the Industrial Disputes Act having not been complied with, the workman was entitled to reinstatement with 50% back wages.