LPA No.1390 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1390 of 2010 (O&M) Date of decision: 26.10.2010 Haryana State Agricultural Marketing Board ....Appellant Versus Rajbir and another ....Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: - Mr. Ramesh Hooda, Advocate, for the appellant. 1.Whether to be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest? ***** M.M. KUMAR, J. Haryana State Agricultural Marketing Board has filed the instant appeal under Clause X of the Letters Patent, challenging judgment dated 23.2.2010 passed by the learned Single Judge, upholding the award of the Labour Court, Ambala, against the termination of workman-respondent No.1, but reducing the claim of back wages to 50%. The appellant had earlier filed writ petition where the argument was raised that workman-respondent No.1 was employed on contract basis and the matter was covered by the provisions of Section 2 (oo) (bb) of the Industrial Disputes Act, 1947 (for brevity 'the Act'). LPA No.1390 of 2010 (O&M) -2- Before the Industrial Tribunal-cum-Labour Court a similar argument was raised. However, no evidence to that effect was adduced before the Tribunal to prove that the workman-respondent No.1 was appointed on contractual basis. Accordingly, the Tribunal has recorded a categorical finding that Section 25-F of the Act was violated. Having heard the learned counsel, we are of the view that judgment of the learned Single Judge does not call for any interference by this Court because there is no such factor which may impel us to take a view that instead of reinstatement, workman-respondent No.1 is to be compensated by payment of a lump sum amount. It is in cases where Articles 14 and 16(1) of the Constitution are violated or where the worker was appointed on contract basis that such a course might be adopted. In the absence of any such factor it is not possible to decline the relief of reinstatement. Accordingly the appeal fails and the same is dismissed. (M.M. Kumar) Judge (Ritu Bahri) Judge October 26, 2010 R.S.