- (1.) Challenge in the present writ petition is to the Award dated 08.08.2013 (Annexure P-8) passed by the Labour Court, Chandigarh whereby, the petitioner has been granted lump sum compensation of Rs. 50,000/- instead of reinstatement.
(2.) A perusal of the paper book would go on to show that vide demand notice dated 04.06.2002 (Annexure P-1) under Section 2-A of the Industrial Disputes Act, 1947 (in short 'the Act'), an industrial dispute was raised that the workman had worked from 16.04.2001 to 30.04.2002 with the Haryana State Lottery Department and thus completed 240 days in service. It was alleged that the mandatory provisions of the Act had not been complied with and reinstatement was prayed for.
(3.) On the matter being referred to the Labour Court, the defence taken was that the workman was appointed on daily rates as a Clerk/Computer Operator on work charge basis and no formal appointment letter had been issued. He was being paid Rs. 104 per day and there were short technical breaks in his service period. The defence was that he was appointed on daily wages and the contract of engagement came into being in the morning and came to an end in the evening and he had not completed 240 days and only worked for 178 days. The appointment was not by proper mode by way of advertisement or through the employment exchange and the workman was employed with M/s. Shivalik Inks, Panchkula. Reliance was also placed upon the certificate (Annexure R-2) obtained from the said establishment. The plea of the department of not being an industry was also taken and that it was performing sovereign functions.;