High Court Punjab-Haryana High Court

Chief Conservator Of Forests vs Sukhbir Singh Son Of Sh. Attar … on 31 July, 2009

Punjab-Haryana High Court
Chief Conservator Of Forests vs Sukhbir Singh Son Of Sh. Attar … on 31 July, 2009
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.

                        ****

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