Rajiv Narain Raina, J. - (1.) This Court passed an interim order on 14th October, 2014, in the instant case which reads as follows: "The petitioner qualified as a workman under the Industrial Disputes Act, 1947 while working in the respondent department. His services were terminated in 1983. He raised an industrial dispute which was referred by the appropriate Government to the Labour Court, Chandigarh. The Labour Court answered the reference in favour of the petitioner and granted reinstatement with continuity of service with 50% back wages. The award was passed on 7.12.1992. The State Government questioned the award before this Court in CWP No. 1269 of 1994 which was decided by the learned Single Judge on 12.3.2010. The petitioner gave up his right to back wages before this Court and the challenge to the award was nullified. It may be noted that the petitioner was taken back in service on 22.2.1994 and is continuing in service. The order of the learned Single Judge dated 12.3.2010 has become final between the parties. After the decision of this Court, the services of the petitioner were regularized in 1994 but for some strange reasons, the Government has regularised the service of the petitioner with effect from 18.1.1995 for which no reason is forthcoming. Thereafter, the petitioner has made several representations praying from the Administrator that he may be given continuity of service with effect from 19.7.1982 as a result of operation of the award of the Labour Court with continuity of service which part of the award was not touched upon by this Court in the aforesaid writ petition and is consequently final. The petitioner claims continuity of service from 1982 but it is not clear whether there is any hidden agenda in this petition to lay a claim of seniority with effect from 1982. The reason for fixing of the date of 18.1.1995 is not clear. Notice of motion. Ms.Monica Chhibber Sharma, DAG, Punjab accepts notice on behalf of the respondents and waives service on them. Learned counsel to supply 3 sets of the paper -book to the learned State Counsel during the course of the day. Written statement, if any, be filed before the next date. Ms.Monica Chhibber Sharma, DAG, Punjab would take instructions from the Secretary of the Department as to the reason why the date 18.1.1995 was assigned to the petitioner. She would also apprise this Court as to what has happened to the persons who are junior to the petitioner in terms of dates of initial appointment and from which dates they were regularized. The petition is silent on these aspects. List on 23.12.2014. Order dasti."
(2.) The first reflex of this Court, while issuing notice to the State, was to understand; whether there was a hidden agenda in this petition to lay a claim of seniority with effect from 1982 and to what effect.
(3.) The necessary facts for adjudication of them lis are these in brief: The petitioner was appointed as Tracer in the office of Chief Engineer (Drainage), Irrigation Works, Punjab on purely ad hoc basis for six months vide letter dated 29th July, 1982 (Annex P -1) with the condition that his services were liable to be terminated at any time without assigning any reason. The petitioner's services were terminated by letter dated 11th October, 1983 (Annex P -4) with effect from 10th October, 1983. Against this order, the Labour Court adjudication took place. The demand notice was served for the first time after 8 years of termination. The Labour Court by its award dated 7th December, 1992 granted relief of reinstatement since there was no limitation prescribed for making a reference. This is how the petitioner was reinstated with continuity of service, but was allowed 50% back -wages only from the date of demand notice i.e. 3rd April, 1991. The Irrigation Department questioned the award before this Court, which resulted in the order dated 12th March, 2010. The Court did not interfere with the award since the petitioner meanwhile was taken back in service on 22nd February, 1994, but after the workman made a statement that he would forgo his claim for back -wages.;