IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.6370 of 2010 Date of Decision:- 19.05.2010 Jaivir Singh ....Petitioner(s) vs. Presiding Officer Industrial Tribunal-cum- Labour Court and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Jitender Kundu, Advocate, for the petitioner. Mr.D.S.Nalwa, Addl.A.G., Haryana, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present writ petition is for setting aside of the Award dated 29.9.2009 (Annexure P-8) passed by the Industrial Tribunal- cum- Labour Court, Hisar vide which the reference of the petitioner has been answered against him holding therein that the petitioner was not a workman as he was appointed on part-time basis and, thus, not entitled to any benefit under the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). Counsel for the petitioner contends that the Hon'ble Supreme Court in the case of Divisional Manager, New India Assurance Company Ltd. vs. A. Sankaralingam, 2008 (4) RSJ 783 has held that part-time employees are workmen and would be covered by the definition under Section 2(s) of the Act. On this basis, he contends that the findings of the Labour Court cannot be sustained and, thus, prays that the Award be set C.W.P.No.6370 of 2010 -2- aside and the case be remanded to the Labour Court for fresh adjudication. Counsel for the respondents is unable to distinguish the judgment of the Hon'ble Supreme Court wherein it has been authoritatively held that part-time employees would also be workmen as per the definition of Section 2(s) of the Act. In view of the judgment of the Hon'ble Supreme Court in A. Sankaralingam's case (supra), the findings as recorded by the Labour Court vide impugned Award dated 29.9.2009 (Annexure P-8) cannot be sustained. The writ petition is allowed, the impugned Award dated 29.9.2009 (Annexure P-8) passed by the Labour Court, Hisar, is hereby set aside. The case is remanded to the Industrial Tribunal-cum-Labour Court, Hisar, for fresh adjudication in view of the judgment of the Hon'ble Supremeo Court, according to which the petitioner would be a workman. Parties are directed to appear before the Industrial Tribunal- cum-Labour Court, Hisar on 17.6.2010. May 19, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE