IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12514 of 2009. Date of Decision : February 15, 2010. Urmilla ...... Petitioner. Versus. Presiding Officer, Labour Court, Ambala, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. H.P.S. Ishar, Advocate, for the petitioner. Mr. D.S. Nalwa, Additional Advocate General, Haryana, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing of the impugned Award dated 03.03.2008 (Annexure-P-3), passed by the Presiding Officer, Labour Court, Ambala, (hereinafter referred to as “the Labour Court”) vide which the claim of the petitioner/workman (hereinafter referred to as “the Workman”) had been rejected on the ground that her appointment is de hors the Rules governing the service and, thus, she would not be entitled to reinstatement in service. Counsel for the Workman submits that a specific finding had been given by the Labour Court that the Workman had completed 240 days in service in the 12 preceding months from the date of her termination i.e., 26.09.2002, in the light of admission made by respondents. He submits that, although, in the light of the fact that the appointment of the Workman was not in accordance with the statutory rules governing the service and, therefore, would not be entitled to reinstatement in service but would be entitled to compensation for the period she had put in service with the respondents. In support of this contention, he relies upon the judgment of Hon'ble the C.W.P. No. 12514 of 2009. -2- Supreme Court in the case of Telecom District Manager and Others Versus Kesheb Deb, 2008 (4) S.C.T. 33, and Division Bench judgment of this Court in the case of State of Haryana Versus Ishwar Singh and another, 2008(3) S.C.T. 788. He, therefore, contends that this Court may also grant her compensation. On the other hand counsel for respondents submits that a finding had been recorded by the Labour Court that the termination of service of the Workman is covered by exception (bb) to Section 2 (oo) of the Industrial Disputes Act, 1947, (hereinafter referred to as “the Act”) is fully justified, therefore, the Award of the Labour Court deserves to be upheld. I have heard counsel for the parties and have gone through the records of the case. It is an admitted position that the Workman had worked as a part time sweeper with effect from November, 1988 on daily wage basis till 05.06.1995 and, thereafter, she worked on full time basis from 06.06.1995 to 26.09.2002. Since the appointment of the Workman was not in consonance with the statutory rules governing the service and also in violation of Articles 14 and 16 of the Constitution of India, therefore, she had rightly been held to be not entitled to reinstatement in service by the Labour Court. However, in the light of the judgement of Hon'ble the Supreme Court in the case of Telecom District Manager and Others Versus Kesheb Deb (supra), and Division Bench judgment of this Court in the case of State of Haryana Versus Ishwar Singh and another (supra), the Workman would be entitled to compensation for the period she had put in service with the respondents. Keeping in view the totality of the facts and circumstances of the present case as the Workman had worked as part time sweeper from November, 1988 till 05.06.1995 and thereafter, 06.06.1995 to 26.09.2002 as C.W.P. No. 12514 of 2009. -3- full time sweeper, she is held entitled to compensation, which is assessed at Rs. 1,10,000/- . Accordingly, the present writ petition is partly allowed. The Award dated 03.03.2008 (Annexure-P-3), passed by the Labour Court is modified to the extent that the Workman shall be entitled to compensation of Rs. 1,10,000/- in lieu of reinstatement as her termination from service by the respondents was in violation of the provisions of Section 25-F of the Act. The amount of compensation be disbursed to the Workman within a period of two months from the date of receipt of certified copy of this order. (AUGUSTINE GEORGE MASIH) JUDGE February 15, 2010. sjks.