BARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the writ petition under Article 226/227 of the Constitution of India is for the issuance of a writ, order or direction especially in the nature of Mandamus for modifying award Annexure P/1 dated 13.11.2009 and for reinstatement of the petitioner with full back wages instead of award of compensation of Rs.40,000/-.

(2.) Learned counsel contends that the learned Labour Court, Patiala (hereinafter referred to as 'the Labour Court'), passed an award holding that the petitioners services had been terminated by respondent Nos.2 and 3 in violation of the provision of Section 25-F of the Industrial Disputes Act, 1947. However, instead of granting reinstatement with full back wages, the learned Labour Court awarded compensation of Rs.40,000/- only. Likewise, similarly situated employees were granted Rs.40,000/- by the Labour Court but similarly situated employees invoked the jurisdiction of this Court by way of CWP No.867 of 2010, CWP No.937 of 2010 and LPA Nos.771 and 772 of 2011, which were disposed of by this Court vide order dated 29.11.2014, by granting retrenchment compensation of Rs.1,50,000/-.

(3.) I have considered the submission of learned counsel for the petitioner, but am afraid that the writ petition is liable to be dismissed on the short ground of delay and laches. The petitioner is not entitled to relief merely on showing that similarly situated persons as the petitioner were granted compensation of Rs.1,50,000/- on account of the petitioner being in the position of a fence sitter and having approached the High Court only after relief was granted to similarly situated persons. The petitioner maintained a stoic silence for a period of close to 10 years from the date of passing of the award and came to the Court only after other similarly situated persons had been granted the benefit and that too vide order dated 29.11.2014. In somewhat similar circumstances, in LPA No.1662 of 2015, the claim put forth by the appellants therein by way of writ petition filed in the year 2015, was rejected on the ground of inordinate delay and laches. Appellants therein had joined the Transport Department as Ticket Verifiers on daily wage basis in the year 1981-82. Their services were dispensed with against which they raised industrial dispute which was answered in their favour. Resultantly, they were reinstated on different dates in the year 1987-