C.W.P. No.10136 of 1990 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.10136 of 1990 (O&M) Date of Decision: 03.08.2009 The Malout Cooperative Spinning Mills Limited, Malout through its Chief Executive .....Petitioner Versus State of Punjab and others ....Respondents Present: Mr. Puneet Kansal, Advocate for the petitioner. Ms. Monika Chhibbar Sharma, DAG, Punjab for respondent No.1. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The challenge to the award is a direction for reinstatement with the continuity of service. The admitted case was that the workman had been admitted into employment on 24.07.1982 at a salary of Rs.450/- per month and his services were terminated on 08.10.1983. He had admittedly put in 240 days of continuous service and the Labour Court finding that there had been no compliance of the statutory mandate contained under Section 25-F, directed reinstatement. 2. The contention raised by the management was that the workman had been employed only for a particular purpose when the C.W.P. No.10136 of 1990 (O&M) -2- mill constructions had been undertaken and when the work had been completed, there was no employment available. This objection was merely shown in the award of the Labour Court to be rejected ultimately. 3. Learned counsel appearing for the petitioner states that the job which was offered to the petitioner itself had ceased and that was not taken note of by the Labour Court. He also brings to the attention of the Court that society itself had been ordered to be wound up and a liquidator has been appointed. Having regard to the nature of appointment for a particular purpose and for a subsequent event of winding up that has come about, a direction for reinstatement is simply not feasible. 4. For the ground of non-compliance of Section 25-F, which is assailable, having regard to the relevant circumstances namely his period of employment, the pendency of the case for these years, I think a compensation of Rs.15,000/- would meet the ends of justice. 5. The award of the Labour Court is set aside and modified providing for a compensation of Rs.15,000/- to the workman, which shall become payable by the society in its winding up process in accordance with law. The writ petition is disposed of as above. (K. KANNAN) JUDGE August 03, 2009 Pankaj*