- (1.) Leave granted.
(2.) This appeal is directed against order dated 6.2.2009 passed by the learned Single Judge of the Punjab and Haryana High Court in Writ Petition No. 372 of 2001 whereby he modified the award passed by the Labour Court, Gurdaspur (for short, 'the Labour Court') in Reference No. 43 of 1996 and directed that in lieu of reinstatement with 50% back wages, the appellant herein shall be paid Rs. 87,582/- by way of compensation.
(3.) The appellant was employed in the services of the Punjab State Warehousing Corporation (hereinafter described as 'the corporation') as work charge Motor Mate with effect from 5.3.1986. After seven months, the Executive Engineer of the corporation issued order dated 3.10.1986 whereby he appointed the appellant as Work Munshi in the pay scale of Rs. 350-525 for a period of three months. The same officer issued another order dated 5.2.1987 and appointed the appellant as Work Munshi in the pay scale of Rs. 400-600 for a period of three months. Though, the tenure specified in the second order ended on 4.5.1987, the appellant was continued in service till 5.7.1988 i.e., the date on which the Managing Director of the corporation issued one month's notice seeking to terminate his service by way of retrenchment. However, the implementation of that notice was stayed by the Punjab and Haryana High Court in Writ Petition No. 8723 of 1988 filed by the appellant. The writ petition was finally dismissed as withdrawn with liberty to the appellant to avail remedy under the Industrial Disputes Act, 1947 (for short, 'the Act'). After two months, the Managing Director of the corporation issued notice dated 26.11.1992 for retrenchment of the appellant and 21 other workmen by giving them one month's pay and allowances in lieu of notice as per the requirement of Section 25F(a) of the Act.;