IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1198 of 2010 (O&M) Date of decision : 23.9.2010 Durga Parshad … Appellant Versus Presiding Officer, Labour Court Chandigarh and another …Respondents Coram: Hon’ble Mr.Justice M.M.Kumar Hon’ble Ms.Justice Ritu Bahri Present: Mr.Avtar Singh, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. The instant appeal filed under Clause-X of the Letter Patent Act is directed against the judgment dated 9.3.2010 passed by the learned Single Judge rejecting the claim of the appellant for reinstatement on the post of peon. The fundamental reason for refusing reinstatement is that the appellant was not appointed as peon in accordance with the rules and as such his appointment was against the provision of Articles 14 and 16(1) of the Constitution. The award of the Labour Court dated 17.4.2009 (Annexure P-11) has been upheld. It is true that the appellant has completed 240 days of service but in view thereof, lump sum compensation of Rs.70,000/- has been awarded to him. The relief of reinstatement is not available to workman like the appellant as the appointment itself suffers from violation of the rules. It has been categorically found by the Industrial Tribunal-cum-Labour Court, Chandigarh as well as learned Single Judge that the appointment of the appellant was patently against the provisions of rules of the Corporation and it violated the mandatory provisions of Articles 14 and 16(1) of the Constitution. LPA No.1198 of 2010 (O&M) Thus, in view of the position explained above, there is no ground to interfere with the view taken by the learned Single Judge. Accordingly, the appeal fails and the same is dismissed. In view of the fact that appeal has been dismissed on merit, we are not inclined to pass any order on the application under Section 5 of the Limitation Act, seeking condonation of delay of 164 days. (M.M.Kumar ) Judge (Ritu Bahri) Judge 23.09.2010 sd 2