C.W.P. No.16998 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.16998 of 2000 Date of Decision: 23.11.2009 Guru Nank Dev University, Amritsar through its Registrar .....Petitioner Versus The Presiding Officer, Labour Court, Amritsar and another ....Respondents Present: Mr. D.S. Patwalia, Advocate with Mr. Alok Jagga, Advocate for the petitioner. Mr. Vikramjit Singh, Advocate for respondent No.2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The order that is challenged in the writ petition is a direction for reinstatement of a person, who had been appointed as a Lab Technician in a University. The initial order of appointment was purported to be on purely temporary and ad hoc basis for a period of six months. An extension of the contract was made on 10.01.1990, which again stated that the appointment was purely temporary for a further period of three months or till the post was filled through regular selection, whichever was earlier. This order shows that the initial appointment had not been done C.W.P. No.16998 of 2000 -2- through regular selection. In the meanwhile, it appears that there had been a complaint that the diploma on the basis of which the workman had been provisionally selected was not recognized since it had been issued by a private institution called Christian Medical Association. Communications had been made between the University and the Director, Health and Family Welfare to elicit information whether diploma issued by Christian Medical Association of India was recognized or not. Even when the exchange of communications had been in progress, a further extension was offered to the workman on 20.07.1990 where again it was submitted that the appointment was purely temporary on ad hoc basis for a period of three months and that provisional appointment was subject to the diploma being recognized by the Punjab Government. The notice of termination was issued and he was stated to be relieved from duty on 08.10.1990. It was this communication, which was the subject of dispute or which made reference to the Labour Court. 2. The Labour Court found that there was no definite proof that the diploma issued by the Christian Medical Association had not been recognized by the State of Punjab and the termination order had been issued even before any decision had been taken by the State. The learned counsel, Sh. Patwalia appearing on behalf of the petitioner points out that the termination order was not on the basis that the certificate had not been proved to be validly C.W.P. No.16998 of 2000 -3- issued by an authority which was recognized by the State of Punjab but on the operation of a clause in the appointment order that the appointment was purely on ad hoc basis for a period of three months. The reference to the order also as being subject to the recognition of the diploma by the Punjab State was a matter which had bearing to the provisional status of appointment and it would be irrelevant that a final decision came to be taken without ascertaining authenticity and validity of the diploma as such. 3. The learned counsel refers to a decision of a Division Bench of this Hon'ble Court in Executive Officer Nagar Panchayat Rajasansi Vs. Presiding Officer, Labour Court and another 2009(4) SCT 501 where the matter relating to a termination of service and the applicability of Section 25-F had been considered in the context of abolition of post in work- charged establishment and a further consideration was also made with reference to the manner of engagement as being illegal and contrary to the terms of recruitment rules. The issue of continuation of an employment for more than 240 days was found in the said judgment to be not material. Even without reference to the above judgment, I am of the view that the case will have to be decided on twin considerations; One, when the nature of engagement was temporary on ad hoc basis for a particular period. Two, the effect of appointment of university on not regular basis but for a specific period. In my view, if the order of C.W.P. No.16998 of 2000 -4- appointment itself stipulated that the employment was for a particular period, the expiry of the said period brings automatic termination to which the provisions of Section 2(oo)(bb) will operate. It could have been possible for the workman to contend that the appointment on casual basis was an instance of unfair labour practice covered by Entry 10 in Schedule V of the Industrial Disputes Act. No such contention had been made by the workman and his whole contention was that there was no opportunity given to him to explain that the certificate of diploma issued by the Christian Medical Association had not been recognized by the Guru Nanak Dev University. The recognition or otherwise of the diploma could be purely incidental but the more fundamental question is whether the termination that was effected qualified for the term "retrenchment" to which the provision of Section 25-F could have applied. I find no scope for such a contention in a case where the appointment had been made by the University not through regular appointment but on ad hoc basis for a particular period and when that period elapsed, the employment also stood terminated. It did not amount to retrenchment to which the provisions of Section 25-F could have applied. The Labour Court had misdirected itself considering the issue in the context of whether the certificate issued by the Christian Medical Association had been recognized by the Punjab Government or not. It omitted to note that that the termiantion C.W.P. No.16998 of 2000 -5- was not on that basis. The termination was merely recording a fact that the period of appointment had elapsed by the terms of contract. 4. The award of the Labour Court is set aside and the writ petition is allowed. There shall be, however, no direction as to costs. (K. KANNAN) JUDGE November 23, 2009 Pankaj*