High Court Punjab-Haryana High Court

The Bathinda District … vs The Presiding Officer on 9 November, 2009

Punjab-Haryana High Court
The Bathinda District … vs The Presiding Officer on 9 November, 2009
C.W.P. No.11741of 2002                        -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB
             AND HARYANA AT CHANDIGARH

                           C.W.P. No.11741of 2002
                           Date of Decision: 09.11.2009

The Bathinda District Cooperative Milk Producers Union Ltd.,
Bhatinda Milk Plant through the Managing Director
                                             .....Petitioner

                             Versus

The Presiding Officer, Labour Court, Bathinda and another
                                             ....Respondents

Present: Mr. Alok Jagga, Advocate for
Mr. D.S. Patwalia, Advocate
for the petitioner.

None for respondent No.2.

CORAM:HON’BLE MR. JUSTICE K. KANNAN

1. Whether Reporters of local papers may be allowed to see the
judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest?

-.-

K. KANNAN J.(ORAL)

1. The writ petition challenges the award directing

reinstatement of the workman when he claimed that he had 240

days of service and that his termination was not in compliance of

Section 25-F of the Industrial Disputes Act. The Labour Court

found that the workman did not have 240 days but held, however,

that the termination violated Section 25-G of the Industrial

Disputes Act.

2. Aggrieved against the direction for reinstatement, the

management is before this Court assailing the award on the
C.W.P. No.11741of 2002 -2-

ground that the engagement had been under a contract for specific

period and the termination that took effect was not in the nature of

retrenchment under which alone either the provisions of Section

25-F or G could apply. Learned counsel refers me to the initial

order of appointment (Annexure P-1) where he had been

appointed as an unskilled worker for a temporary requirement that

had arisen in the Account Section for specific period from

23.09.1987 to 22.12.1987. On 15.12.1987, an order was passed

relieving the petitioner on 22.12.1987 as originally stipulated

(Annexure P-2). But, however, a fresh engagement was made for

the period from 14.01.1988 to 31.03.1988. A subsequent order

was also issued (Annexure P-4) that recorded the fact that the

workman had been terminated from service as per the terms and

conditions of the contract of employment. On a third occasion, a

fresh engagement was again made from 07.09.1988 to 06.12.1988

and an order was passed on 03.12.1988 that the workman was

relieved from duty on 06.12.1988. It is this termination that gives

rise to a dispute that it was illegally done. It shall be noticed that

it was not the contention of the workman that there was any unfair

labour practice, but the manner of engagement through contracts

that stipulated specific period was an admitted fact. Learned

counsel appearing for the petitioner states that the temporary

engagements had been done by the management at the time when

the establishment was still in its infancy and all the engagements
C.W.P. No.11741of 2002 -3-

had been only on temporary or ad hoc basis depending on the

exigencies of availability of work. If the workman’s engagement

could be sourced to specific contracts, the termination that results

from the completion of period would not qualify for the

expression “retrenchment” and it shall be excepted therefrom by

virtue of the provisions contained in Section 2(oo) (bb) of the

Industrial Disputes Act. The direction for reinstatement for

alleged non-compliance of Section 25-F is under the

circumstances found to be wrong and accordingly set aside.

3. The writ petition is allowed. There shall be however no

direction as to costs.

(K. KANNAN)
JUDGE
November 09, 2009
Pankaj*