MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the order of learned Single Judge, setting aside the order of Labour Court reinstating the workman with continuity of service and full backwages and instead directing payment of compensation of Rs. 60,000/- .

(2.) The appellant was employed as Chowkidar on daily wage basis in the year 1983 and after about four years of service, his services were terminated in 1987. Alleging violation of Section 25 - F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the appellant raised industrial dispute, which was referred to the Labour Court for adjudication. The Labour Court upheld the claim and directed reinstatement with continuity of service and full backwages. The Management - State challenged the award. After referring judgments in Ghaziabad Development Authority and another v. Ashok Kumar and another, 2008 4 SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula, 2008 1 SCC 575, State of M.P. Administration v. Tribhuwan, 2007 9 SCC 748 and State of M.P. and others v. Lalit Kumar Verma, 2007 1 SCC 575, learned Single Judge held that appointment of the workman to a public post being without following procedure of law, he could not be reinstated. It was further held that in view of Jaipur Development Authority v. Ramsahai and another, 2006 11 SCC 684, provisions of Section 25G and 25H were not applicable. However, it was directed that compensation of Rs. 60,000/- be paid to the workman.

(3.) We have heard learned counsel for the parties.