- (1.) By this judgment, we propose to dispose of CWP Nos. 16096, 16107 and 16186 of 2005, involving common questions of law and facts. These petitions have been preferred by the petitioner-department questioning the legality of the award dated 27.5.2005 passed by the Labour Court.
(2.) The facts leading to the filing of the instant petitions are that on 12.4.1991 the respondents-workmen namely Man Singh, Sewa Ram and Mani Ram raised an industrial dispute challenging the action of the department in terminating their services by serving demand notices separately. Workmen Sewa Ram and Man Singh alleged that their services were terminated illegally by the department on 8.7.2006 whereas in the case of workman Mani Ram, the date of termination was March 1986. It was their allegation that prior to terminating their services, provisions of Sections 25-F and 25-G were violated by the department. No retrenchment compensation or any notice was given while terminating their services irrespective of the fact that they had to their credit service for a period of more than 240 days. The department had also recruited fresh hands after their termination. Their claim was contested by the department on the ground of delay and laches. It was further alleged that the workmen worked with them as casual labourers on daily wages during the year 1984-85 at Yamunanagar. Thereafter due to non-availability of work, they were asked to work under D.E.T. (Installation), Panipat. But instead of joining there, the workmen themselves abandoned the job. On failure of reconciliation proceedings, the appropriate Government referred the disputes to the Labour Court for adjudication.
(3.) It is apposite to mention here the industrial disputes of the workmen Man Singh, Mani Ram and Sewa Ram were registered by the Labour Court as ID 81, ID 82 and ID 83 of 1993 respectively. The Labour Court vide the common award dated 27.5.2005, impugned before us, disposed of all the three above-referred disputes by ordering reinstatement of the workmen on the same post which they were holding at the time of their termination on daily wage basis with other service benefits including continuity of service, but without any back wages.;