CWP No. 8720 of 1996 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 8720 of 1996
Date of decision July 31, 2009
Chief Conservator of Forests, Haryana, Chandigarh and another
....... Petitioners
Versus
Sukhbir Singh son of Sh. Attar Singh and another.
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. D. S. Nalwa, Advocate
for the petitioners.
None for the respondents.
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1. Whether reporters of local newspapers may be
allowed to see the judgment ? No
2. To be referred to the reporters or not? No
3. Whether the judgment should be reported in the
digest? No
K. Kannan, J(oral).
1. The award challenges a direction for back wages
from 10.8.1987 to 21.5.1990. The direction was on the assumption that the
workman had completed 240 days in the preceding 12 months of
continuous service prior to the date of his alleged termination. It was an
admitted case that the workman had been appointed on a regular job in
Excise and Taxation Department and therefore, he did not claim any relief
of reinstatement. Learned counsel appearing for the State would point out
that still he could be said to have worked for 240 days by wrongly
reckoning the service from 15.10.1985 to 10.8.1987. The relevant period
for the purpose of continuous service of 240 days was from the date
commencing from 12 months prior to the date of alleged termination, and
calculating the period commencing from 1.9.1986 to 10.8.1987, the total
number comes only to 233 days. Therefore, the observation that the
CWP No. 8720 of 1996 2
termination/retrenchment had been in violation of Section 25-F is not
correct.
2. Learned counsel appearing for the workman
states that the award was given effect to and the amount of wages as
payable from 10.8.1987 to 21.5.1990 has already been paid. If the amount
has already been it shall not be recovered.
3. Under the peculiar circumstances of the case, the
writ petition is dismissed.
(K. KANNAN)
JUDGE
July 31, 2009
archana