SECRETARY TO GOVT OF PUNJAB, P W D (B/R) BRANCH, PUNJAB CIVIL SECRETARIAT, CHANDIGARH, AND OTHERS Vs. CHET SINGH AND ANOTHER

JUDGEMENT

(1.) In the present writ petition, the challenge is to the award dated 05.10.2005 (Annexure-P-1), vide which the reference has been answered in favour of the workman holding him entitled to service with continuity but without back wages.

(2.) Counsel for the petitioner-management contends that even if the findings which have been recorded by the Labour Court, Chandigarh, are accepted to be correct but still reinstatement of the respondent No. 1-workman on a public post, which was filled without compliance of the statutory provisions governing the service, the reinstatement of the respondent No. 1- workman could not have been thus ordered. She further contends that Articles 14 and 16 of the Constitution of India having not been complied with when the initial appointment of the workman was made, therefore, the illegality which has occurred in the initial appointment, the respondent No. 1-workman cannot be allowed to continue at this stage which would call for interference by this Court.

(3.) Counsel for the respondent No. 1-workman contends that the award passed by the Labour Court is based on the facts that the provisions of Section 25-F of the Industrial Disputes Act have not been complied with, therefore, the respondent No. 1-workman had right to be reinstated on the post on which he was working.