Mana Masih vs State of Punjab

Sabina, J.—Petitioner has filed this petition seeking a direction to the respondents to regularize his service with effect from 1.1.1997.

Case of the petitioner, in brief, is that he was appointed as a Chowkidar with respondent No. 3 on daily wage basis on 18.4.1984. Services of the petitioner were terminated on 21.7.1988. Petitioner raised an industrial dispute and award (Annexure P-1) was passed in his favour on 27.11.1997. Petitioner was reappointed on 7.8.2000 in terms of the award (Annexure P-1). Services of the petitioner were regularized with effect from 21.10.2004. As per the seniority list (Annexure P-3), petitioner was placed at Serial No. 80 whereas he was liable to be placed at Serial No. 6, i.e. above Puran Chand, whose name has been shown at Serial No. 6. Hence, the present petition by the petitioner.

Learned counsel for the petitioner has submitted that petitioner was liable to be granted seniority with effect from his initial date of joining i.e. 18.4.1984 in terms of award passed by the Labour Court (Annexure P-1).

Learned counsel for the respondent-PUNSUP, on the other hand, has submitted that before the Labour Court, a compromise was effected between the parties. The management had agreed to grant fresh appointment to the petitioner as and when vacancy arose in the department as per the seniority. Since the petitioner was granted fresh appointment, his seniority was liable to be considered from 7.8.2000.

In the present case, admittedly, petitioner initially worked with the department on daily wage basis and his services were terminated on 21.7.1988. Petitioner raised an industrial dispute. Before the Labour Court, a settlement was arrived at between the parties. In this regard, statement of employer''s representative as well as the statement of petitioner''s representative (Annexure R-1) read as under:-

Statement of employer''s representative

Stated that management is ready to employ workman Mana Masih, afresh on the vacancy arising as per the seniority, in the department. Accordingly, letter Ex. MI is being submitted by the party No. 2.

Statement of employee''s representative

I have heard the above statement, orders may be passed accordingly. Employee shall not be entitled to backwages.

Ex. MI i.e. Annexure R-2 reads as under:-

Certified that workman Mana Masih, on vacancy arising as per the seniority list of Daily Wager Chowkidars, shall be employed as Daily Wager Chowkidars without giving the benefit of previous service and arrears, on approval from Head Office.

Thus, the management had made an offer to the petitioner that they were ready to appoint him afresh as and when vacancy arose with them. The said offer was accepted by the petitioner and, consequently, award (Annexure P-1) was passed. Since the petitioner was given fresh employment on 7.8.2000 when the vacancy arose with the respondents, he could not be granted seniority prior to the said date.

In these circumstances, no ground for interference is made out.

Dismissed.