IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.8932 of 2007 Date of Decision:- 05.02.2009 Municipal Corporation Faridabad ....Petitioner(s) vs. Presiding Officer, Faridabad-I and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Sanjeev Kaushik, Advocate for the petitioner. Mr.Ramesh Goyat, Advocate for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) In the present writ petition, challenge is to award dated 8.8.2006 (Annexure P-4) passed by the Labour Court-I, Faridabad, wherein the workman-respondent No.2 has been held entitled to reinstatement with continuity of service and part back-wages amounting to Rs.70,000/- only. Counsel for the petitioner contends that the workman- respondent No.2 was appointed on a fixed monthly salary of Rs.1950/- with effect from 7.2.1997 during the period when the regular employees of the Municipal Corporation, Faridabad were on strike but the services of the workman-respondent No.2 were terminated on rejoining of the duties by the regular employees of the Corporation. The Corporation, therefore, on the basis of that proceeded to appoint the workman in view of the exigencies of the work. He contends, therefore, that the termination of the workman was in accordance with law and, thus, the award could not be sustained. C.W.P.No.8932 of 2007 -2- On the other hand, counsel for the respondent has while supporting the award of the Labour Court, contended that the appointment letter of the respondent-workman is very categoric and clear wherein he has been appointed on regular basis. The said appointment letter has been placed on record as Annexure R-2/2 which has not been disputed by the petitioner. A perusal thereof would show that the workman was appointed as Mali in the Grade applicable along with usual allowances admissible from time to time. It further stipulates that the workman would be on probation for a period of two years and that the services of the workman would be governed by Haryana Civil Services Rules, as applicable to the Municipal Corporation staff of Faridabad. This clearly indicates that the appointment of the workman was made on regular basis. He further contends that the strike which has been alleged to be the ground for appointing him and thereafter termination of his services, ended in January, 1997 as has been admitted by MW-2 Sohan Lal. If the strike had ended in January, 1997 and the workman had been appointed in February, 1997, the reason which has been put-forth by the petitioner for terminating his services did not exist. I have considered the submissions made by the counsel for the parties and have gone through the award passed by the Labour Court. I am in agreement with the submissions put-forth by the learned counsel for the respondent, as is apparent from the record, the workman was appointed on regular basis on 7.2.1997 and further as per the statement of Sohan Lal MW-2 who is the management witness, the strike had come to an end in January 1997 and therefore, the stand of the Municipal Corporation is C.W.P.No.8932 of 2007 -3- totally shattered by the admission of the management witness who has appeared before the Labour Court. It is an admitted position that the provisions of the Act have not been complied with while terminating the services of the workman and, therefore, no illegality has been found nor any pointed out by the counsel for the petitioner which would call for any interference by this Court in exercise of the writ jurisdiction. The award dated 8.8.2006 passed by the Labour Court is based on the pleadings and evidence led thereon by the parties and therefore, the findings so returned cannot be faulted with. The law, as applicable in the present case, has been made effective by the Labour Court. Finding no merit in the present writ petition, the same is dismissed. February 05, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Whether referred to Reporters ________ Yes/No