GENERAL MANAGER, PUNJAB ROADWAYS, TARN TARAN Vs. SARDAR MASIH & ANOTHER
LAWS(P&H)-2007-3-466
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 14,2007

GENERAL MANAGER, PUNJAB ROADWAYS, TARN TARAN Appellant
VERSUS
SARDAR MASIH And ANOTHER Respondents

JUDGEMENT

- (1.) This Letters Patent Appeal is directed against the judgment of the learned Single Judge, dated 26.2.2003, whereby the award of the Labour Court, dated 7.11.1985 was set aside.
(2.) A brief factual background of the case would be appropriate : Respondent No. 1-workman was appointed as a conductor in the services of Punjab Roadways on 19.7.1978. His services were discontinued from 9.3.1979. He impugned his termination by way of a civil suit, which was dismissed on the ground that the civil Court did not have jurisdiction. Respondent No. 1 thereafter raised an industrial dispute, which was referred by the State Government to the Labour Court, Amritsar. In his statement of claim, respondent No. 1 pleaded that the order of termination was void for violation of the rule of last come first go inasmuch as a number of persons, appointed after respondent No. 1, had been retained in service and no reasons had been assigned for termination of his services.
(3.) The appellant resisted the claim. The Labour Court dismissed the reference by holding that the appointment was adhoc in nature and as the impugned termination did not lack bonafides or was the result of unfair labour practice, and the workman not having completed 240 days, he was not entitled to any relief.;


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