High Court Punjab-Haryana High Court

Bhateri Devi vs Presiding Officer on 4 September, 2008

Punjab-Haryana High Court
Bhateri Devi vs Presiding Officer on 4 September, 2008
CWP No.92 of 2007                                               [1]

THE      HIGH COURT OF PUNJAB AND                        HARYANA            AT
                    CHANDIGARH.



                                        Civil Writ Petition No.92 of 2007

                                        Date of Decision: 04 - 09- 2008



Bhateri Devi                                             ....Petitioner

                                  v.


Presiding Officer, Industrial Tribunal-cum-              ....Respondents
Labour Court, Panipat and another


CORAM:      HON'BLE MR.JUSTICE HEMANT GUPTA
            HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
                                  ***


Present:    Ms.Abha Rathore, Advocate
            for the petitioner.
            Mr.S.K.Hooda, Sr.DAG, Haryana.


                                  ***


KANWALJIT SINGH AHLUWALIA, J.

Present petition has been filed by Bhateri Devi who admittedly

was appointed as a Sweeper by the Executive Engineer, Water Services

Division, Panipat (hereinafter to be referred as, `the management’) in the

year 1977. Services of the petitioner were dispensed with in the year 1998.

Thus, she has performed the duties with the management for a period of 22

years. While deciding issue No.1, the Labour Court had recorded the

admission of the witness of the management that the petitioner has worked

continuously from 1977 to 28.2.1998. Learned Labour Court has declined
CWP No.92 of 2007 [2]

the reference holding that part time worker is not entitled to retrenchment

compensation, as envisaged under Section 25-F of the Industrial Disputes

Act, 1947. It has been recently held by the Hon’ble Supreme Court in

Uttranchal Forest Hospital Trust v. Dinesh Kumar, reported as 2008(1)

SCC 542 that reinstatement of a workman into the service who was working

as part-timer was unjustified. In Gobind v. The Presiding Officer, Labour

Court, Jalandhar and another, Civil Writ Petition No.4660 of 1999,

decided on 22.5.2008, a Full Bench of this Court has held that a part time

worker is not entitled to retrenchment compensation. The witness of the

management MW-1 Hukam Singh, J.E. has admitted that the Rest House

where the petitioner was working had been closed. Petitioner-workman is a

lady. She was a part time Sweeper. Counsel for the petitioner has stated that

she used to work daily for four hours. She has rendered service for almost

22 years with the respondent-management. She is in litigation since

14.3.2000 when the demand notice was served. Recently in Mehboob

Deepak v. Nagar Panchayat, Gujraula and another, 2008(1) SCC 575,

the Hon’ble Supreme Court observed as under:-

“12. It is now well settled by a catena of decisions of this

Court that in a situation of this nature instead and in place of

directing reinstatement with full back wages, the workmen

should be granted adequate monetary compensation. [See M.P.

Admn v. Tribhuban, (2007)9 SCC 748].”

Taking into consideration the fact that the petitioner is a lady,

served the management for 22 years and she is in litigation for the last 8

years, to balance of equity, we are of the view that a monetary compensation

can be granted in her favour. Therefore, we direct respondent No.2 to pay to
CWP No.92 of 2007 [3]

the petitioner a lump sum compensation of Rs.25,000/-. The amount of

compensation be paid to the petitioner within a period of two months from

today. With this modification, we uphold the award Annexure P4.

Petition stands disposed off.

( HEMANT GUPTA )              ( KANWALJIT SINGH AHLUWALIA )
     JUDGE                               JUDGE

September 04, 2008.

RC