- (1.) THE Punjab State Co-op Supplies and Marketing Federation Limited, Chandigarh, through its Managing Director Challenges the Award rendered by the Labour Court, Gurdaspur on June 2, 1992 vide which while allowing the reference, respondent-workman was reinstated with continuity of service and half wages from the date of demand notice i. e. February 25, 1988 till reinstatement.
(2.) BRIEF facts of the case reveal that respondent-workman served as Chowkidar purely on temporary daily wage basis w. e. f. October 26, 1984 to May 25, 1985 i. e. only for 212 days. He was so appointed as the regular Chowkidars were temporarily transferred to newly created Focal Point Godowns. Vide order dated June 26, 1984 Piara Singh, Charan Dass and Ajit Singh, who were working as regular chowkidars, were transferred from Dhariwal to Sidhwan, Langah Jattan and Wadala Banger. Workman-respondent, thus, came to be appointed purely on temporary basis against one of the Chowkidars at Dhariwal. However, when the permanent incumbent of the post, came back at Dhariwal, respondent-workman was relieved of his duties w. e. f. May 26, 1985 in accordance with the terms and conditions of his appointment letter. The muster roll in respect of daily wage employees posted in the office for the month of May, 1985 clearly records that respondent-workman had worked only upto May 26, 1985, on which date he was relieved of his duties. After being relieved, he received his wages in cash amounting to Rs. 359/- for 26 days of the month of May, 1985 vide voucher of payment dated June 4, 1985. Thus, it is proved, as per the case set-up by petitioner, that respondent workman was no more in its employment thereafter. However, vide demand notice dated February 25, 1988, that is, after about a period of three years, workman claimed reinstatement by claiming that he was retrenched without payment of any compensation. On the failure of the conciliation proceedings, the Government made reference under Section 10 (i) (c) of the Industrial Dispute Act for adjudication of the dispute between petitioner-management and respondent-workman by the Labour Court.
(3.) AFTER receiving the claim application on behalf of respondent-workman, reply of the management and recording their evidence, the learned Labour Court ordered reinstatement of the workman with continuity of service but with half back wages. It is this order, as indicated in the earlier part of this judgment, that has been challenged in this petition.;