- (1.) The present writ petition has been filed against the award dated 11.12.2013 (Annexure P-1) passed by the Industrial Tribunal, Patiala vide which, the respondent-workman has been reinstated with continuity of service but without back wages. Counsel for the petitioner has vehemently submitted that there was a contract inter se the parties and section 2(oo)(bb) of the Industrial Disputes Act, 1947 (in short 'the Act') would be applicable and the Labour Court has gravely erred in directing reinstatement.
(2.) After hearing Counsel for the petitioner, this Court is of the opinion that no case made out in favour of the petitioner.
(3.) A perusal of the paper book would go on to show that initially, the respondent-workman was appointed on 1.10.1996 at Rs. 1,450/- on temporary basis as Mali. The said appointment continued, which would be clear from the resolution dated 22.1.1998 passed by the petitioner-Council. Thereafter an agreement was entered into inter se the parties on 22.1.1998 whereby, the appointment was made for one year from the date of joining on contract basis being temporary. It is not denied that the termination was much beyond the term of the contract and was on 10.5.2003. The workman had served demand notice on 14.12.2004 regarding his grievance and resultantly, the matter was referred to the Labour Court.;