- (1.) Challenge in the present writ petition is to the award dated 11.9.2013 (Annexure P/9) whereby the Labour Court, Ambala directed reinstatement with continuity of service and back wages to the extent of 50% from the date of termination till reinstatement. Respondent No. 2-workman was appointed as Chowkidar on 11.11.2008 and worked upto 31.1.2011 and on account of completing 240 days of service prior to his termination raised an industrial dispute pleading that his juniors were still retained in service and he had been terminated without any notice or retrenchment compensation and even fresh employees had been appointed after his termination.
(2.) The stand of the management against the demand notice under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") was that appointment of the workman was only for a period of six months and on the agreed terms till 31.3.2009 and thereafter extended till 31.1.2011 and the workman had accepted the policy of the Government and given an undertaking and therefore, stood estopped from raising the industrial dispute. The plea taken was that he had been relieved from service of the office of the petitioner department i.e. the Excise and Taxation Department, Haryana which was shifted to Mini Secretariat. 2-A. On the matter being referred to the Labour Court, the workman examined himself as WW-1 whereas management examined Anil Rani, Deputy Excise & Taxation Commissioner (Sales Tax), Kaithal. It was noticed that the workman had approached this Court by way of filing Civil Writ Petition No. 2712 of 2009 and initially protection had been granted that respondents would not replace the petitioner with any other person who may be appointed in similar manner. Thereafter, this Court disposed of the said writ petition on 6.4.2010 holding that appointment should be made on regular substantive basis and the petitioner may be allowed to continue. However, his services could be dispensed with in case he was not required but he would not be replaced by other temporary arrangement. It was noticed that the department was maintained a duty roster in April, 2012 and 12 persons were mentioned who had put on duty as Chowkidar and therefore, the work had not ceased and the workers were constantly required by the management. Accordingly, it was held that dispensation of services of the workman was violative of provisions of Section 25-F of the Act. Reliance was placed upon the Division Bench judgment of this Court in Bhiku Ram v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak,1998 1 RSJ 703to direct reinstatement with 50% back wages and continuity of service.
(3.) After hearing counsel for the State and counsel for the Caveator, this Court is of the opinion that there is no scope for interference with the award passed by the Labour Court. A factual finding of fact has been recorded that the workman had continued in service till 31.1.2011 far beyond his actual contract which was only to continue till 31.3.2009. The petitioners were replacing persons by resorting to unfair labour practice by engaging and out sourcing Chowkidars and the workman had come to this Court and was successful in getting the relief that he would not be replaced with another temporary arrangement. Relevant observations of the order dated 6.4.2010 in Civil Writ Petition No. 2712 of 2009 read as under:-- It is admitted position that the petitioner was appointed on contractual basis for a period of six months. No right vests in the petitioner to continue in service. However, it is equally settled principle of law that a temporary arrangement cannot be replaced by a similar temporary arrangement. The respondents are, however, at liberty to make appointment on regular substantive basis by making appropriate advertisement in consonance with Articles 14 and 16 of the Constitution of India. In the event the services of Chowkidar are required, the respondents may allow the petitioner to continue. However, if the services of the petitioner are not required the respondents are at liberty to dispense with the services of the petitioner but the petitioner shall not be replaced by temporary arrangement. Disposed of.;