P.B. Bajanthri, J. - (1.) The petitioner-Public Health Engineering Department have questioned the award dated 16.08.2013.
(2.) The workman-Mohan Lal was appointed as a Casual Labourer on 01.11.1997. In the month of June, 1999 he was not permitted to work. Thereafter, it seems that workman had raised demand notice on 25.11.2002. The Labour Court passed an award against the workman-Mohan Lal. Feeling aggrieved by the Award of the Labour Court, he preferred a writ petition before this Court which was numbered as CWP No. 872 of 2011. This Court disposed of cases of Mohan Lal and Rajesh Kumar by common order on 19.03.2013 remanding the matter to the Labour Court with an observation that department was directed to produce muster rolls pertaining to the period from 1997 to 1999. The Labour Court with reference to the remand order on 16.08.2013 passed Award in favour of the workman - Mohan Lal holding that workman-Mohan Lal is entitled for reinstatement with continuity in service and 50% back wages from the date of demand notice i.e. from 25.11.2002. Feeling aggrieved by the Award dated 16.08.2013 the Public Health Engineering Department-petitioner have filed this appeal.
(3.) Learned counsel for the appellant vehemently contended that the workman has worked as a Casual Labourer only for 26 days. Assuming that petitioner had not produced any records before the Labour Court like muster roll for the period from 01.11.1997 to 30.11.1998 but still having regard to the length of service of two years workman-Mohan Lal is not entitled for reinstatement with continuity of service and 50% of back wages. That apart, workman-Mohan Lal is out of service since 1999. Therefore, Labour Court erred in holding that workman is entitle to reinstatement with continuity of service and 50% of back wages from the date of demand notice.;