ARJAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The workman has filed this intra court appeal under Clause X of the Letters Patent challenging the order dated January 23, 2014, passed by the learned Single Judge, whereby the writ petition (CWP No. 14648 of 1992) filed by the management (respondent No.1 herein) was allowed and award dated January 07, 1992 (Annexure P-6) passed by the Labour Court, Bathinda, reinstating the appellant - workman with continuity in service and full back wages from the date of demand notice, was set aside, while holding that the instant case is covered by the exception of clause (oo) (bb) of Section 2 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and in that eventuality, the respondent - management was not required to comply with the provisions of Section 25-F of the Act, while terminating the services of the appellant - workman in terms of the appointment letter and the Rules.

(2.) Though there is a delay of 13 days in re-filing the appeal and the appellant has filed an application (CM No. 2330-LPA of 2014) for condoning the delay, yet we have heard the learned counsel for the appellant on merits, and have gone through the order, passed by the learned Single Judge as well as the award passed by the Labour Court.

(3.) In this case, undisputedly, the appellant was appointed as Clerk on ad hoc basis in the Office of the District Food and Supplies Controller, Ferozepur, against the post which was to be filled by promotion from Class IV employees. When promotion of Class IV employees was finalised, services of the appellant were terminated to give way for appointment to the regular promoted employees. The appellant and other similarly situated workmen challenged the promotion order of those Class IV employees as well as the order terminating their services, by filing CWP No. 5266 of 1984. The said writ petition was dismissed vide order dated March 06, 1985 (Annexure P-4). After more than three years of the dismissal of the said writ petition, the appellant sent a demand notice dated June 07, 1988, and the dispute was referred to the Labour Court on July 09, 1990.