IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 10414 of 2009
Date of decision July 16 2009
Kehar Singh
....... Petitioner
Versus
.
Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and
another
…….Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Present:- Mr. P. S. Jammu, Advocate
for the petitioner.
****
1. Whether reporters of local newspapers 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).
The writ petition challenges the award of the
Labour Court, Hisar rejecting the reference and holding that the termination
of the daily wager could not be held to be illegal. The Labour Court has
actually considered the fact that the workman was a daily wager and that
he had been admitted into employment for a specific period and for a
specific purpose. On a consideration of the relevant fact, the Labour Court
held that the termination is covered by the exceptions of Section 2 (oo) (bb)
and it would not amount to retrenchment. The termination that is effected
consequent on termination of the contract under which the daily wager was
offered employment would not result for retrenchment to invite application
of Section 25-F. Dismissal of the petition seeking for reinstatement under
the circumstances is perfectly justified. There is no scope for interference
and the writ petition is dismissed.
(K. KANNAN)
JUDGE
July 16, 2009
archana