- (1.) THE Executive Engineer, Canal Lining Area Division, Tarn Taran, through present petition filed by him under Articles 226/227 of the Constitution of India, seeks setting aside of Award dated July 16, 1991, Annexure P-4 passed by respondent No. 2 whereby respondent-workman was ordered to be reinstated in service with continuity as also the back wages from the date when he had served demand notice on the petitioner.
(2.) BRIEF facts of the case reveal that respondent-workman was appointed on May 26, 1981 on the post of Store-attendant. On September 1, 1987 he was given notice that his service shall stand terminated on September 30, 1987 as he was surplus. On May 18, 1990 the workman served demand notice on petitioner and in consequence of the dispute having been referred by the Government under Section 10 (1) (c) of the Industrial Disputes Act, an ex-parte award, Annexure P4, re-instating the workman with wages as mentioned above, came to be passed on July 16, 1991. This ex- pane award was sought to be set aside in an application filed on behalf of petitioner for reviewing the order as the same was passed without hearing him. This application was dismissed as the Labour Court was rightly of the view that after giving Award which had been published in the Gazette it had become functus-officio. It is these two orders i. e. the Award as mentioned above and the order that has been passed on review application, that have been challenged in the present petition.
(3.) MR. Masih, learned Assistant Advocate General, Punjab, appearing on behalf of petitioner contends that it was a case of contractual employment inasmuch as respondent-workman was employed only till such time the canal Lining Division work was to be completed. On completion of the work aforesaid, there was no choice for the management but for to retrench the workman as his services were no more required. The second contention of learned counsel is that Canal Lining Division of the Irrigation Department is not an industry as defined under the provisions of Industrial Disputes Act.;