IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16981 of 2004 Date of decision: 14th May, 2008 State of Haryana through Executive Engineer, PWD, Public Health Division No.2, Panipat … Petitioner Versus Parvesh Kumar and another … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sunil Nehra, Assistant Advocate General Haryana for the petitioner. Mr. Naveen Daryal, Advocate for respondent No.1. KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been filed by State of Haryana through Executive Engineer, PWD, Public Health Division No.2, Panipat challenging the impugned award (Annexure P-3) passed by the learned Labour Court Panipat on 20th May, 2004, whereby Parvesh Kumar, respondent No.1-workman was ordered to be reinstated with continuity in service with 1/3rd of his back wages from the date of demand notice dated 01.01.1999. Respondent-workman had issued demand notice (Annexure P-1) on 1st January, 1999, wherein he has stated that he was appointed as Jeep Driver on monthly wages and worked from 1st November, 1997 to 31st July, 1998. He further stated that he was drawing a salary of Rs.1640/- per month and he had completed 240 days in 12 months preceding the date of his termination and there has been a violation of Section 25-F of the Civil Writ Petition No. 16981 of 2004 Industrial Disputes Act. In reply to the demand notice, a para-wise reply (Annexure P-2) was submitted, in which it was stated by the petitioner- management that the workman was engaged as a casual labour on muster roll and he was getting daily wages as per the Deputy Commissioner rates of group ‘D’ cadre. It has further been stated that the workman himself left the job as per his own will. The learned Labour Court held that the management has withheld the best evidence, which was in its possession, i.e. muster roll of the period from 1st June, 1998 to 31st July, 1998 and counted that period towards computation of 240 days and held that workman had worked for 286 days and that his termination without paying retrenchment compensation amounted to violation of Section 25-F of the Industrial Disputes Act. We have heard learned counsel for the parties. During the course of arguments, counsel for the State, Mr.Sunil Nehra has submitted that the workman was not appointed as per rules and regulations but was a contractual employee on daily wages and termination of his services did not amount to retrenchment. He could not be reinstated in view of judgment of the Hon'ble Supreme Court in State of Karnataka and others v. Umadevi and others (2006) 4 SCC 1. Counsel for the workman has stated that once respondent- workman had worked for 240 days, his termination from service was illegal as provisions of Section 25-F were not complied with and no retrenchment compensation was paid and therefore, workman was entitled to re- instatement and full back wages. We have considered the rival submissions and perused the record. We find that the view taken by the Hon’ble Supreme Court in Municipal Council, Samrala v. Raj Kumar (2006) 3 SCC 81 is that unless 2 Civil Writ Petition No. 16981 of 2004 an employee is appointed as per rules and regulations, his appointment cannot be treated to be consistent with Articles 14 and 16 of the Constitution. Appointment given de hors the rules and regulations is liable to termination and is covered under Section 2(oo) (bb) of the Act and thus, does not amount to retrenchment. Similarly, in Gangadhar Pillai v. Siemens Limited (2007) 1 SCC 533, Indian Drugs & Pharmaceuticals Ltd. v. Workmen (2007) 1 SCC 408, Reserve Bank of India v. Gopinath Sharma and another (2006) 6 SCC 221 and UP Power Corporation Ltd. and another v. Bijli Mazdoor Sangh and others (2007) 5 SCC 755, it has been held that reinstatement of a workman in public employment will not be consistent with Article 14 unless a workman had been appointed by following rules and regulations. In view of the same, we allow the present writ petition and quash the impugned award. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE May 14, 2008 rps 3