CWP No.7771 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7771 of 2008 DATE OF DECISION: May 12, 2008 BALWAN SINGH ...PETITIONER VERSUS THE PRESIDING OFFICER, INDUSTRIAL ...RESPONDENTS TRIBUNAL-CUM-LABOUR COURT, PANIPAT AND ANOTHER CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE T.P.S. MANN. PRESENT: MR. H.N. KHANDUJA, ADVOCATE FOR THE PETITIONER. ASHUTOSH MOHUNTA, J.(ORAL) The challenge in the writ petition is to the award Annexure P-3, passed by the Presiding Officer Industrial Tribunal-cum-Labour Court dated 7.3.2008, whereby reference was decided against the petitioner-workman. The petitioner was appointed as Driver on daily wage basis in the office of Executive Engineer PWD (B&R), Mechanical Division, Karnal, Haryana on 15.11.1992. The services of the petitioner were dis- continued w.e.f 15.5.1997. The petitioner raised an industrial dispute and the matter was referred to the Labour Court. Before the Labour Court the petitioner led evidence to show that he had worked from 15.11.1992 upto 15.5.1997 and hence he claimed reinstatement with continuity of service and back wages. The Labour Court has returned a finding that not only the petitioner was engaged on daily wage basis but had never completed 240 CWP No.7771 of 2008 -2- days in any calendar year. The petitioner led no evidence that he has worked continuously for 240 days. Apart from the above, the Constitutional Bench of Hon'ble Supreme Court in Secretary, State of Karnataka and others vs. Uma Devi and others, reported as 2006(4) SCC 1 has held as under:- “that absorption, regularization or permanent continuance of temporary, contractual, casual, daily wage or ad hoc employee, de hors the Constitutional scheme of public employment and unless the appointment is in terms of relevant rules and after a proper completion amongst qualified persons, the same would not confer any right on the appointee and, therefore, a contractual appointment comes to an end at the end of contract, and an appointment on daily wage or casual basis comes to an end when it is discontinued and a temporary appointment comes to an end on expiry of its term and merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent merely on the strength of such continuance if the original appointment was not made by following a due process of selection as envisaged by the relevant rules.” In the present case, a perusal of the pleadings clearly shows that name of the petitioner was neither requisitioned from Employment Exchange nor he had got employment in pursuance to any advertisement. CWP No.7771 of 2008 -3- In view of the dictum laid down in Secretary, State of Karnataka's case (supra), we are of the considered opinion that the petitioner has no right to claim reinstatement or continuity of service and back wages. Resultantly, the writ petition is dismissed. (ASHUTOSH MOHUNTA) JUDGE May 12, 2008 (T.P.S. MANN) Gulati JUDGE