L.P.A.No. 607 of 2009. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A.No. 607 of 2009. Date of Decision:- 29.09.2010 Shyam Sunder Appellant. VERSUS The Bhiwani Central Coop. Bank Ltd; through its M.D. and others. Respondents. CORAM : HON'BLE Mr. JUSTICE M.M.KUMAR. HON'BLE Ms. JUSTICE RITU BAHRI. Present: Mr.Sunil Kumar Bhardwaj, Advocate, for the appellant. Mr. S.S.Dalal, Advocate, for respondent No.1. 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? RITU BAHRI,J. This Letters Patent Appeal has been filed against the judgment dated 23.3.2009 passed by the learned Single Judge. Brief Facts. The appellant is a Workman, who was appointed as Computer Operator on contract basis under L.P.A.No. 607 of 2009. 2 the Integrated Cooperative Development Project (ICDP) as initiated by the State of Haryana. The appointment of the appellant-Workman on contract basis came to an end along with the expiry period of the scheme on 30.6.1999. It resulted in termination of the services of the workman. Vide Award dated 12.3.2008, a reference was answered in favour of the workman and a direction was given by the Tribunal to re-instate him on his previous post, in the same status with continuity of service and 50% back wages from the date of reference i.e. 10.4.2000. Learned Single Judge while allowing the Civil Writ Petition filed by the Co-operative Bank has placed reliance on the evidence of MW-1 Sh. Niranjan Dev, Estt.,Officer which reads as follows:- “ The evidence led by the parties is not in dispute. The documentary evidence which is also not in dispute goes to the root of the case. MW-1 Sh. Niranjan Dev, Estt. Officer, has proved the application and appointment letter of the petitioner which are not in dispute. He has stated that the petitioner was on contract basis and the scheme ended on 30.6.1999 and as such his services were terminated vide copy L.P.A.No. 607 of 2009. 3 of letter Ex.M-5. He has admitted that after the completion of ICDP project all the assets and liabilities of ICDP were transferred to their bank. The computer which was with the ICDP was not in working condition and now on second computer Sh. Sunil and then Dinesh Kumar were working on contract basis. He has also admitted that letter Ex.W-1 was written by the bank to the Registrar,Cooperative Societies, Haryana, but the sanction was not granted.” In view of the factual position that the Registrar, Cooperative Societies did not accord sanction to the recommendation of the Managing Director for creation of a post for the appellant, the direction given by the Labour Court has been set aside by the learned Single Judge. We have heard Mr. Sunil Kumar Bhardwaj, learned counsel for the appellant and Mr. S.S.Dalal, learned counsel for respondent No.1. It is not disputed that the appellant was appointed on contract basis and his contract came to an end on 30.6.1999. The assets and liabilities of ICDP project were transferred to the Bank and the L.P.A.No. 607 of 2009. 4 recommendation by the Managing Director for retaining the workman on the post was not sanctioned by the Registrar. The question as to whether the Tribunal can direct for creation of a post and, thereafter regularize of the service of a workman, came for consideration before a Division Bench of this Court in Food Corporation of India Vs. The Presiding Officer Central Govt. Industrial Tribunal-cum-Labour Court and another, 1985(2) Services Law Reporter 428, in which the Division Bench in paragraph 6 of the judgment has observed that the Tribunal has exceeded its jurisdiction by giving direction for regularization of casual worker. The Award of the Tribunal was not liable to be sustainable on the ground that it has no jurisdiction to give direction for creation of post. In view of the law laid down by the Division Bench in Food Corporation of India's case (Supra), the Letters Patent Appeal is dismissed. (M.M. KUMAR ) (RITU BAHRI) JUDGE JUDGE 29.09.2010 Anoop L.P.A.No. 607 of 2009. 5