State of Haryana vs Ashok Kumar Bhasin and Others

Mahesh Grover, J.—The State of Haryana impugns the award dated 9.1.1992. The respondent/workman claimed a reference u/s 10(1)(c) of the Industrial Disputes Act (hereinafter referred to as the Act) where the Labour Court was required to answer the following question:-

Whether the termination of services of Shri Ashok Kumar is justified and legal? If not, to what relief is he entitled?

It was pleaded by the respondent/workman that he was appointed as a Dispenser with effect from 1.10.1983 with the Management impleaded as a respondent before the Tribunal i.e. the Red Cross Homeopathic Council, Gurgaon.

The Management impleaded as a respondent contested the claim of the workman and denied that it was an industry and thus, pleaded that the provisions of the Act were not attracted. It also disputed the status of the workman and contested the claim to the benefits of the Act. On merits, it was pleaded that his work and conduct was unsatisfactory and his health not stable and therefore, after enquiry, the termination of his services was ordered which was justified. The Tribunal concluded that the petitioner was a ''workman'' within the meaning of the Act and since his services had been terminated without the compliance of the provisions of Section 25-F of the Act, the termination was held to be illegal and the petitioner was directed to be reinstated with continuity of service and full back wages.

It has been averred in the petition that the Homeopathic Dispensaries in Mewat area of the State of Haryana were taken over by the Government vide its order dated 1.4.1989. One of the conditions in the arrangement of such taking over was that the staff was to be absorbed in accordance with the prescribed qualification and norms. The qualifications in turn, have been set out in the petition and are extracted here below:-

That the Government had approved the following qualifications for the post of Homeopathic Dispenser with the concurrence of S.S.S. Board Haryana:-

(i) Matric or its equivalent.

(ii) Knowledge of Hindi and English upto Matric Standard. (iii) Two years experience or working as a Dispenser/Compounder in a Government Homeopathic Dispensary/Hospital.

or

Three years experience working as a Pharmacist/Compounder under Registered Medical Practitioner in Homeopathic.

AGE 20 TO 30 YEARS.

That the qualifications of Shri Ashok Bhasin are as under:-

(i) Matric with Hindi and English subject.

(ii) Experience as a dispenser 1.10.1993 to 1.2.1986 (2 years and 4 months).

AGE Date of Birth 1.8.1940.

In view of the above submissions, Shri Ashok Bhasin does not fulfill the requisite basic qualification for the post of Homeopathic Dispenser, because his experience as a Homeopathic Dispenser is less than three years, moreover his age is also more than 35 years.

It was pleaded that the respondent/workman does not fulfill the basic qualification for the post of Homeopathic Dispenser and thus, when the State was not pleaded as a party/respondent to the proceedings before the Labour Court, the award so passed could not bind them.

The fact of the Government taking over the Councils has not been denied by the respondent/workman in the reply, but it has been stated that since the cause of action accrued to him on a prior date, the subsequent taking over the Councils by the State Government would be of no consequence to his cause.

There has been no representation on behalf of the petitioner despite the fact that the case was shown in the Warning List and was taken up for hearing today.

On due consideration of the matter, I am of the opinion that the State of Haryana was a necessary party to be impleaded especially when during the interregnum, the proceedings were pending before the Tribunal the change had been effected. In view of the aforesaid reasons, I am of the view that the impugned award shall not bind the State and the petition is therefore, accepted. The respondent/workman would be at liberty to re-agitate his matter by impleading proper parties.