G.S. Sandhawalia, J. - (1.) THE present writ petition has been filed against the Award dated 15.01.2014 (Annexure P -7) whereby, the Labour Court, Bathinda has directed reinstatement of the respondent -workman who was working as a part time Sweeper. The benefit of continuity of service with 30% back wages from the date of demand notice i.e. 05.05.2007 has also been granted to the respondent -workman.
(2.) A perusal of the paper book would go on to show that the respondent was employed as a Sweeper on 22.06.1992 on monthly pay of Rs. 2,000/ - His services were dispensed with on 12.05.2006 and he raised demand notice dated 05.05.2007 taking the plea that juniors to him had been retained in service and new hands had been employed after terminating the services of the applicant. The defence before the Labour Court of the petitioner -department was that he was a part time Sweeper and was being paid money as per duty per hour as per the rate list in the order dated 02.06.1992. In view of the Government Instructions, his services had been dispensed with and he was never appointed against regular post and, therefore, question of regularization did not arise.
(3.) BEFORE the Labour Court, the workman stepped into the witness box as WW -1 and deposed in his favour whereas Gurdarshan Singh, General Manager was examined on behalf of the petitioner -department.;