G.S.SANDHAWALIA J. - (1.) THIS order shall dispose of a bunch of 5 writ petitions bearing CWP Nos.6190, 6191, 6208, 6220 & 6252 of 2012, involving common questions of facts and law. However, for dictating the order, the facts have been taken from CWP No.6190 of 2012, titled The Chief Medical Officer, Karnal, Vs. Krishan Lal & another.
(2.) CHALLENGE in the present writ petition, filed by the Department, is to the award dated 14.06.2011 (Annexure P8), whereby reinstatement has been ordered along with continuity of service and 50% back wages, from the date of the demand notice, i.e., 08.12.2000. A perusal of the paperbook would go on to show that respondent No.2 -workman was appointed as Health Assistant (Swasthya Sahayak) against a regular post on 25.02.1993. His services were firstly terminated on 12.07.1994 Sailesh ranjan which he challenged before the Labour Court and an award was rendered in his favour on 28.10.1996 (Annexure P2) whereby the termination order of the workman was held to be violative of the provisions of Section 25 -F of the Industrial Disputes Act, 1947 (for short, the 'Act') and he was held entitled to the wages, from the date of his termination of service till his reinstatement by the Labour Court, Panipat.
(3.) THE defence in the said proceedings was that the service of the workman had been terminated in view of the direction issued by this Court in CWP No.9631 of 1988 wherein direction had been issued on 09.05.1990 to the Government to frame a policy regarding the Health Assistants and to regulate the service conditions. In pursuance of the said direction, policy dated 07.05.1991 had been framed but the workman was wrongly appointed against a regular post. Accordingly, liberty was granted to the Department to terminate the services of the workman, in accordance with law, if the continuation of service of the workman amounted to violation of the order of this Court. The State was unsuccessful in challenging the said award and the CWP No.16382 of 1997, filed by the Department, was dismissed on 05.11.1997 (Annexure P3). Thereafter, the workman was allowed to join his duty on 28.10.1996 and back wages had been paid to him However, after 4 years, again the services of the workman were terminated on 04.09.2000 which led to raising issuance of the demand notice under Section 2 -A of the Act on 08.12.2000 (Annexure P5).;