SENIOR MEDICAL OFFICER, INCHARGE, PRIMARY HEALTH CENTRE, DUDHAN SADHAN, PATIALA Vs. SUKHWINDER SINGH AND ANOTHER
LAWS(P&H)-2006-8-504
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 31,2006

SENIOR MEDICAL OFFICER, INCHARGE, PRIMARY HEALTH CENTRE, DUDHAN SADHAN, PATIALA Appellant
VERSUS
Sukhwinder Singh And Another Respondents

JUDGEMENT

Arvind Kumar, J. - (1.) The challenge in this petition filed under Articles 226/227 of the Constitution of India is to the award dated 8.8.2005 passed by respondent No. 2, ordering re-instatement of respondent No. 1 with continuity of service, without back wages.
(2.) Few facts necessary for disposal of present writ petition are as under:- Respondent No. 1 was inducted into services by the petitioners as Class-IV employee on 89 days wage basis vide letter dated 30.7.1997. He worked from 4.8.1997 to 1.11.1997 Thereafter, as many as 14 extensions were given to him w.e.f 5.11.1997 to 10.5.2001. After that his services were not extended which gave rise to an industrial dispute. The workman laid challenge to the action of the department before the Labour Court on the ground of non- compliance of provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (for short the Act). Besides allegations of unfair labour practice on the part of the management was also alleged. His claim was resisted by the petitioner-department. Their stand was that the services of workman were terminated in view the decision of this Court rendered in C.W.P. Nos. 11096 and 11105 of 2001 titled as Nasib Singh v. State of Punjab, and Mandeep Singh v. State of Punjab , respectively and also in the light of the instructions dated 12.8.1996 of the Personnel Department.
(3.) The Labour Court vide the impugned award disposed of the reference in the manner indicated above.;


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