AVTAR SINGH Vs. PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LTD. (MARKFED), CHANDIGARH
LAWS(P&H)-2001-3-175
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 14,2001

AVTAR SINGH Appellant
VERSUS
Punjab State Co -Operative Supply And Marketing Federation Ltd. (Markfed), Chandigarh Respondents

JUDGEMENT

S.S. Sudhalkar, J. - (1.) This judgment will dispose of C. W.P. No. 9658 of 2000 and C. W.P. No. 9672 of 2000. The facts of these cases and the question of law to be decided being similar, they are being disposed of by this common judgment. The facts from C.W.P. No. 9658 of 2000 are referred to for the convenience.
(2.) The petitioner was in the service of the respondents from 22.2.1984 upto 18.12.1984 as un -skilled worker/helper. His services were terminated w.e.f. 18.12.1984. He raised an industrial dispute and by the award dated 1.2.1993 (copy Annexure P/l), he was held entitled to reinstatement with continuity in service but without back -wages. The petitioner challenged the award que the denial of back -wages to him before this Court. A Division Bench of this Court in C.W.P. No. 7450 of 1994 decided on September 8, 1995 (copy Annexure P/2) modified the award holding that the petitioner is entitled to payment of back wages w.e.f. 11.11.1988 till his reinstatement.
(3.) In the meanwhile the Board of Directors, Marked resolved to regularise certain ad hoc/temporary/daily paid employees of class -III and class -IV categories. The resolution is dated 15.12.1992 (copy Annexure P/3). The relevant agenda is as under : - "15. To consider to regularise the services of ad hoc/temporary/daily paid employees appointed in class -III and class IV service and allow regular scale of pay." The minutes regarding the requirement for regularisation and the cut off date regarding the same are as under : - "i) The ad hoc/temporary/casual/daily paid workers of Class III and IV categories who have completed a minimum of two years service as on 30.10.1992 and are in service on 30.10.1992 shall be regularised with the release of regular scale of post w.e.f. 1.11.1992 or with effect from the date they complete the service of two years whichever is later.";


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