- (1.) The present judgment shall dispose of a bunch of 10 LPAs No.885 of 2014, 905 to 911 of 2014 and 954 and 955 of 2014. As common questions of law and facts are involved in all these appeals, for the sake of convenience, the facts have been taken from LPA No.885 of 2014 (Shivalik Officers Institute (Now renamed as Khetarpal Officers Institute), Chandimandir Cantt, Panchkula v. The State of Haryana and others). On 3.12.1999, the respondent-workman was appointed as an office runner-cum-receptionist by the appellant, on full time basis in the pay scale of 1450-50-1650-EB-50-2000. He worked as such till 21.6.2006 on which date his services were terminated. Soon thereafter, the respondentworkman raised a dispute questioning the termination of his services. The matter was referred to the labour Court for the adjudication of the dispute between the respondent-workman and the appellant-management. The appellant-management submitted that the respondent-workman had abandoned his job but after considering the entire matter, the labour Court, vide its award dated 27.3.2009, returned a categoric finding that the respondent-workman had not abandoned his job and ordered to reinstate the respondent-workman in service along with all other benefits including continuity of service and full back wages. It may be pointed out here that the appellant did not appear before the labour Court and was, thus, proceeded ex parte. Thereafter, the appellant moved an application before the labour Court for setting aside of the ex-parte award but the same was dismissed by the labour Court holding that after 30 days of the publication of the award, the labour Court had become functus officio. Aggrieved by the award, the appellant challenged the same by filing a writ petition before this Court. A learned Single Judge of this Court after considering the facts in issue and the law on the subject dismissed the writ petition filed by the appellant.
(2.) Against the order of the learned Single Judge, the present appeal has been preferred. The present appeal came up for hearing before this Court on 30.5.2014 on which date, this Court passed the following order: "Present: Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Sandeep Bansal, Advocate for the appellant(s). Affidavit of Major General A.P. Singh, Chairman, Khetarpal Officer's Institute (KOI), Chandimandir, filed today in Court, has been taken on record. This appeal has been filed against the order dated 13.1.2014 passed by the learned Single Judge dismissing Civil Writ Petition No.1328 of 2010 filed by the appellant. When this Court was not inclined to interfere on merits especially on account of a fact that objection qua jurisdiction of the Labour Court at Ambala was not taken even in the written statement, counsel for the appellant Mr. Sandeep Bansal, Advocate, on getting instructions from Col. Ashok Rathi, confined his claim qua reinstatement of the respondent-workman. It is stated that instead of reinstatement, let compensation be granted in lump-sum to the respondent-workman.
(3.) Notice of motion limited to that extent only for 8.7.2014. In the meantime, coercive steps be not taken against the appellant. Sd/- ( Jasbir Singh) Judge Sd/ (Harinder Singh Sidhu) Judge" In view of the above reproduced order, the learned Assistant Solicitor General of India appearing on behalf of the appellant has submitted that the respondent-workman was not entitled to reinstatement and according to him, it would be just and appropriate to compensate the respondent-workman in lieu of reinstatement. He cited administrative difficulties as one of the reasons why reinstatement should not be ordered and in lieu thereof compensation should be paid. Learned Assistant Solicitor General of India further cited a Full Bench decision of this Court rendered in LPA No.754 of 2010 decided on 10.10.2014; Municipal Council, Dina Nagar, Tehsil & District Gurdaspur v. Presiding Officer, Labour Court, Gurdaspur and another, to say that in the present case, the circumstances did not warrant reinstatement and therefore, in the present case compensation be awarded.;