High CourtsFull Bench(2000) 11 P&H CK 0238

Dinesh Rai vs Presiding Officer, Labour Court and others

Punjab And Haryana At Chandigarh · Decided on 1 November 2000

HON’BLE JUDGES
S.S. Sudhalkar, J · S. Gill, J · Mehtab, J
CASE NUMBER
Civil Writ Petition No. 4775 of 1999

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Judgment

6 paragraphs · 285 words

S.S. Sudhalkar, J.—By this writ petition, the petitioner is praying that the award of the Labour Court dated 6.3.1997, passed in his favour be implemented. The operative part of the award is as under :-

"The reference shall stand disposed of in terms of the statements of both the parties. The workman shall be entitled to reinstatement with continuity of service. He shall not be entitled to the back wages. The department shall reinstate the workman on 10.3.1997 and shall make him regular in terms of policy framed by the State of Haryana in this behalf."

2.

The counsel for the petitioner states that after the award, the petitioner was taken back in service on 10.3.1997 but it was only for a period of 89 days and his services were terminated on 12.6.1997. This action of the respondents cannot be said to be implementation of the award of the Labour Court. On the other hand, the act of the respondents is contrary to the award. In the award, the Labour Court has ordered regularisation of services of the petitioner in terms of policy framed by the Government. This has also not been done.

3.

In the light of what has been stated above, it is held that the petitioner shall be deemed to be reinstated on 10.3.1997 and shall be deemed to be in service thereafter. The petitioner shall be entitled to the wages for the entire period thereafter. The arrears be paid to the petitioner within a period of two months from today failing which the respondents shall be liable to pay interest at the rate of 18% per annum.

4.

This writ petition is disposed of in the above terms.

5.

Order accordingly.