- (1.) Challenge in the present writ petition is to the award dated 6.9.2010 (Annexure P1) whereby the Industrial Tribunal, Bathinda held that the respondent-workwoman was entitled for reinstatement along with continuity of service and full back wages from the date of demand notice i.e. 12.7.1998.
(2.) It is conceded position between the parties that the said workwoman has been taken back in service in the year 2011 in pursuance of the award dated 6.9.2010 (Annexure P1) and only the payment of back wages was ordered to be stayed by this Court in view of the arguments raised by counsel for the petitioner at that point of time that awarding of full back wages would be harsh and it can be assumed that she had worked somewhere else to earn some wages.
(3.) Counsel for the petitioner has vehemently sbmitted that the workwoman was appointed initially as a part time Lady Sewadar on purely ad hoc stop gap arrangement at a fixed salary of Rs.800/- on 18.11.1993 (Annexure P2) and her services could be dispensed with at any point of time by the College by giving 24 hours notice and she had accepted the said terms. She was relieved from service on 12.2.1994 vide letter dated 10.2.1994 (Annexure P4) and appointed as Water Woman vide letter dated 11.5.1994 (Annexure P5) from 11.5.1994 to 25.5.1994 (Annexure P1\6) at a fixed sum of Rs.400/-. Thereafter, on 22.10.1994, she was appointed as a part time Lady Sewadar on the same terms & conditions as per the earlier letter dated 18.11.1993 (Annexure P2) and was also accordingly relieved from service of the College w.e.f. 17.1.1995 (Annexure P7). She was again given an appointment on 24.1.1995 (Annexure P8) and was relieved on 19.4.1995 (Annexure P9). Similarly, on 24.4.1995 (Annexure P10), she was appointed afresh and relieved on 26.5.1995 and appointed on 5.8.1995 till 25.11.1995. Thereafter, from 30.11.1995, she worked till 26.2.1996 on enhanced salary of Rs.1,000/-. Thereafter, again she was appointed on 29.2.1996 till 25.5.1996. Similarly, fresh appointment was given on 1.8.1996 till 28.10.1996 and thereafter, again appointed on 4.11.1996 till 30.1.1997 and from 4.2.1997 till 30.4.1997. Similarly, appointment letters were also issued on 14.5.1997 and 28.8.1997. She was finally relieved on 21.11.1997.;