High Court Punjab-Haryana High Court

General Manager vs Krishan Lal And Another on 21 July, 2009

Punjab-Haryana High Court
General Manager vs Krishan Lal And Another on 21 July, 2009
C.W.P No.2307 of 1993                                        -1-

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

                              C.W.P No.2307 of 1993
                              Date of Decision: 21.07.2009

General Manager, Haryana Roadways, Rohtak            .....Petitioner

                                Versus

Krishan Lal and another                          ....Respondents

Present: Ms. Deepinder Kaur, Advocate for
Mr. Vikas Singh, Advocate
for the petitioner.

Mr. Kartar Singh, AAG, Haryana.

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 Haryana Roadways, which is aggrieved by the order

directing reinstatement of the workman by the award of the Labour

Court, is the petitioner before this Court challenging the award under

Article 226 of the Consitution of India.

2. The admitted case of the workman was that he had been

employed as a Helper on daily wages in the Haryana Roadways. He

was employed during various periods namely 13.05.1984 to

08.11.1984, 09.11.1984 to 31.01.1985 and from 18.05.1985 to

30.09.1986 but ultimately he was terminated from service when his

conduct was found to be reprehensible having turned up to the work

place under influence of liquor. A report had also been given to the

General Manager for information and the workman had been sent to
C.W.P No.2307 of 1993 -2-

the police station for appropriate action.

3. The further allegation was that on 29.09.1986, under the

influence of liquor, he abused the officials and from the following day

from 30.09.1986, he had not been given any employment. That gave

rise to the dispute which had been referred to the Labour Court and

the Labour Court held that at the relevant time when the termination

of service was effected, he had completed only 218 days but still the

Labour Court held that he had been removed from service only in

order to see that he did not complete 240 days. The removal was

characterized by the Labour Court as an unfair labour practice and

directed reinstatement with all benefits of service.

4. Learned counsel appearing for the petitioner states that the

crucial requirement of having worked for a continuous period of 240

days prior to the termination was not there and therefore, the

termination should not have been termed to be in violation of Section

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

mistake in taking the various periods of service in the previous years

as entitling him to any continuity of service, when actually his

engagement had been only on ad hoc basis. There was no ground

again to make a special pleading on favour of the workman in the

manner the Labour Court had done by saying that the termination of

service was in anticipation of a possible accrual of right if he had

completed 240 days. To infer unfair labour practice, there ought to

have been a persistent conduct of a management that showed that it

had caused deliberate breaks in service only to prevent a workman

from completing 240 days. The various intervals during which the
C.W.P No.2307 of 1993 -3-

workman had worked do not go to suggest that any deliberate act on

the part of management to prevent him from completing 240 days was

practised. The earlier spells during the employment between the year

1984-85 merely show that he had been in employment for one or two

months at a stretch but never for any length of period proximating to

240 days to make an inference that the management was adopting a

deliberate unfair labour practice.

5. If the workman had not completed 240 days and when the

inference of unfair labour practice cannot be made, in the given set of

facts there was no scope for complaint of termination of service

especially when he was a daily wager. He was not entitled to the

benefits of Section 25-F of the Industrial Disputes Act.

6. It has again come by authoritative pronouncements of the

Hon’ble Supreme Court and the High Court that in the manner of

public appointments, there cannot be regularization or reinstatement

of daily-rated workers and the Labour Court was, therefore, not

justified in directing reinstatement to such daily-rated worker who had

no right to the post under any Service Rules or Regulations.

7. The order of the Labour Court is set aside and the writ

petition is allowed.

(K. KANNAN)
JUDGE
July 21, 2009
Pankaj*