S.S. Nijjar, J. - (1.) THIS judgment shall dispose of Civil Writ Petition No. 3250 of 2000 and Civil Writ Petition No. 4066 of 2001.
(2.) CIVIL Writ Petition No. 3250 of 2000 is filed by the State of Punjab challenging the Award of the Labour Court wherein the petitioner has been directed to be reinstated into service with a lumpsum amount of Rs. 15,000/ - towards back -wages. Civil Writ Petition No. 4066 of 2001 has been filed by the workman seeking modification of the Award to the effect that the workman ought to have been granted full back wages on reinstatement. From the perusal of the pleadings and award, it becomes evident that the workman was employed as Pump Operator on 1.3.1985. He was drawing Rs. 900/ - per month. He was appointed on daily wages. His name figures on the muster roll till his services were terminated with effect from 31.5.1998. It is the case of the petitioner -Management in Writ Petition No. 3250 of 2000 that the respondent -workman had not completed 240 days of service in a single calendar year before the alleged termination. It is also pleaded that the workman has voluntarily remained absent from 13.5.1988. He has not approached the Management for joining duty. It was also argued that the workman is gainfully employed. Mr. Sran, learned Deputy Advocate General, Punjab submits that the workman himself having abandoned the job, cannot be granted the relief of reinstatement. He further submits that the workman only had contractual appointment. He was merely a daily wager and, therefore, cannot be ordered to be reinstated.
(3.) MR . Hemant Gupta, Advocate, appearing for the respondent -workman in this writ petition and for the petitioner in the connected Writ Petition No. 4066 of 2001 submits that once the Labour Court has come to the conclusion that termination of the services of the workman was illegal, he ought to have been ordered to be reinstated with full back wages. Learned counsel further submits that the award needs to be modified to the extent that the petitioner is reinstated with full back -wages.;