PREM BAHADUR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The award passed by the Presiding Officer, Industrial Tribunalcum-Labour Court, Jalandhar dated 20.04.2009 has been challenged in this petition, whereby reinstatement has been denied and in lieu thereof wages paid to the petitioner under Section 17-B of the Industrial Disputes Act, 1947 in a sum of Rs.2,19,468/- have been converted into compensation. The last drawn wages were paid to the petitioner in compliance of directions in the previous litigation i.e. CWP No.1671 of 2004 filed by the State of Punjab against the petitioner. That case was decided on 11.12.2008. The period for which last drawn wages were paid was from 02.02.2004 to 31.12.2008. The Labour Court at Jalandhar has awarded no further amount as compensation in impugned award. Amount of compensation to Prem Bahadur is said to be wholly unreasonable, unjust and inadequate. Quashing of the award by a writ of certiorari is prayed for except as to findings on completion of 240 days during the relevant period. Reinstatement is prayed for.

(2.) The history of the case as found in the papers reveals that the petitioner was appointed on daily wages on 01.07.1983 and worked till 31.09.1995 with gaps. The petitioner was brought from daily wages to workcharged Beldar in the pay-scale of Rs.770-1410/- and was posted in Investigation Sub Division No.3, Hoshiarpur. The pay was chargeable to "work" undertaken in the Sub Division. The order was passed on 12.09.1997. While the petitioner was serving in that capacity, the Department received a letter from the Government of Punjab, Department of Irrigation, Chandigarh directing local administration to remit a list of officials who are working as daily wages, work-charge contingent staff on ad hoc basis for the last two years. It was directed that the services of the officials on the list be terminated. In case the order was not complied with, the defaulting officer/s would be liable to pay salary from their own pocket. The background in which order was made on 19.04.1999 was described due to violation of Government policy regarding ban on recruitment at the relevant time.

(3.) As a result, the services of the petitioner were terminated vide order dated 27.04.1999. This led to the dispute in the first reference of 2000. The Labour Court, Jalandhar held that termination of services of the workman was illegal and occasioned as a result of unfair labour practice on the part of the management and as such the court awarded reinstatement with 40% back wages with continuity of service and all other service benefits. This award was challenged by the respondent-State of Punjab by way of CWP No.1671 of 2004 mentioned supra.