- (1.) The workman, in the present writ petition, challenges the Award dated 24.10.2013 (Annexure P-6) whereby, the Labour Court, Bathinda has granted as sum of Rs. 50,000/- as compensation in lieu of the reinstatement. Counsel for the petitioner has vehemently argued that in view of the judgments of the Apex Court in Harjinder Singh v. Punjab State Warehousing Corporation, 2010 AIR(SC) 1116 and Devinder Singh v. Municipal Council, Sanaur, 2011 AIR(SC) 2532, the petitioner is entitled for reinstatement and merely because the matter was pending adjudication, he should not be denied the fruits of litigation.
(2.) After hearing counsel for the petitioner, this Court is of the opinion that the order passed by the Labour Court is justified and question of reinstatement, at this stage, does not arise. The said conclusion is arrived at in view of the history of litigation inter se the parties and the period of service which the petitioner had rendered.
(3.) As per the claim, the services of the petitioner were terminated way back on 21.06.1982 i.e. more than 30 years ago and he alleged that he put in two years and two months as a Washer Boy and was drawing Rs. 450/- per month at the time of termination of his service. The defence taken by the respondent-management was that the workman was appointed on purely daily wages at the rates approved by the Deputy Commissioner and he last worked from 15.05.1982 to 20.06.1982. The workman slept over his rights and raised an industrial dispute after 8 years i.e. in the year 1990, when the matter was referred to the Labour Court, which was decided against him on the ground of delay on 12.02.1992. The petitioner filed CWP No. 16433 of 1992, which was decided on 14.08.2013 and the matter was remitted to the Labour Court for consideration on merits. Resultantly, the impugned award dated 24.10.2013 has been passed.;