- (1.) This petition has been filed by the State of Haryana against the award of the Labour Court dated 17.2.2006, Annexure P. 1, reinstating respondent No. 1 with continuity of service and full back wages.
(2.) Claim of the workman was that he worked as Operator in Water Treatment Plant in Public Health Department of the Haryana Government from 1.4.2000 to 1.3.2004. His services were terminated without any notice or retrenchment compensation by way of unfair labour practice. He was wrongly shown as working under a contractor who had no licence.
(3.) Stand of the petitioner was that the workman was employed, by contractor, respondent No. 3 to whom contract of manning of Treatment Plant was given. The Labour Court upheld the claim of the workman, holding as under :- (i) The workman worked under the supervision of the petitioner from July 1999 to February, 2001 and his services could not be transferred to the contractor and have to be treated to be continuing with the petitioner upto 28.2.2004. (ii) The contractor company had already been wound up and was non-existent during the period of contract and thus, the contractor was a mere camouflage. Reliance was placed on judgment of the Hon'ble Supreme Court in Secretary Haryana State Electricity Board V/s. Suresh and others,1999 21 RSJ 310. In these circumstances, the workman was entitled to be treated to be employee of the principal employer. (iii) There was violation of Section 25-f of the Industrial Disputes Act, 1947 (in short, 'the Act').;