IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 3502 of 2009 and C.W.P. No. 2952 of 1991. Date of Decision : March 27, 2009. The State of Punjab, and another. ...... Petitioners. Versus. Shri Mohinder Singh (deceased) through legal representatives : (i) Bant Singh (ii) Paramjit Singh (iii) Kamaljit Singh. and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Arvind Mittal, Additional Advocate General, Punjab, for the petitioners. Mr. Harnek Singh, Advocate, for the applicant-respondent. AUGUSTINE GEORGE MASIH, J. (ORAL). C.M. No. 3502 of 2009. The application is allowed. The main case is taken up for hearing and final disposal. C.W.P. No. 2952 of 1991. The challenge in the present writ petition is to the award dated 15.06.1990 (Annexure-P-1), passed by the Labour Court, Patiala, vide which the reference has been answered in favour of the respondent-workman C.W.P. No. 2952 of 1991. (deceased), holding him entitled to reinstatement in service with full back wages and continuity of service. Counsel for the petitioners contends that even if the findings as recorded by the Labour Court, are accepted to be correct but in view of the fact that it is a public post for which the respondent-workman (deceased) has been reinstated which admittedly was not filled up on regular basis but on daily wage basis without following the statutory rules, governing the service and being not in consonance with the constitutional mandate requiring appointments on public post, the relief granted by the Labour Court with regard to reinstatement in service with continuity of service thereof and full back wages, cannot be sustained. He relies upon the judgment of Hon'ble the Supreme Court in the cases of Ghaziabad Development Authority and another Versus Ashok Kumar and another, 2008(4) S.C.C. 261, Mahboob Deepak Versus Nagar Panchayat, Gajraula, (2008) 1 S.C.C. 575, M.P. Administration Versus Tribhuwan, (2007) 9 S.C.C. 748, and State of M.P. and others Versus Lalit Kumar Verma, (2007) 1 S.C.C. 575, to contend that the post under the State is required to be filled up in terms of the Recruitment Rules and by inviting applications from all eligible candidates. The workman-respondent was engaged on daily wages without following the rules and principles of Articles 14 and 16 of the Constitution of India, therefore, even if the workman-respondent has completed 240 days of service, the said workman- respondent is not entitled to be reinstated and also for grant of back wages. The workman-respondent in the light of the Judgments of Hon'ble the Supreme Court referred to above, is not entitled to reinstatement against a public post nor he is entitled to any back wages. -2- C.W.P. No. 2952 of 1991. Faced with this situation, counsel for the respondent-workman (deceased) submits that although the respondent-workman (deceased) may not be entitled to reinstatement in view of the law laid down by Hon'ble the Supreme Court supra but Hon'ble the Supreme Court has 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, the respondent-workman (deceased) would be entitled to compensation. In view of the law laid down by Hon'ble the Supreme Court, reference whereof has been made by counsel for the petitioners, the reinstatement of respondent-workman (deceased) with regard to continuity of service and full back wages, cannot be upheld, however, in the light of the judgment 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 respondent-workman (deceased) is held entitled to compensation of Rs. 30,000/- as he has put in service more than two years of service with the petitioner-management to settle the equities between the parties as it would be just and equitable that the respondent- workman (deceased) be granted the said compensation in lieu of reinstatement. In view of the above, the present writ petition is allowed, the impugned award dated 15.06.1990 (Annexure-P-1), passed by the Labour Court, Patiala, is set aside, however, the respondent-workman (deceased) is held entitled to compensation of Rs. 30,000/-. -3- C.W.P. No. 2952 of 1991. Direction is issued to the petitioner-management to release the amount of compensation assessed to the legal representatives of the respondent-workman (deceased) within a period of two months from the date of receipt of certified copy of this order. (AUGUSTINE GEORGE MASIH) JUDGE March 27, 2009. sjks. -4-