IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.13538 of 2008 Date of Decision:- 04.02.2009 Haryana Urban Development Authority, Hisar ....Petitioner(s) vs. Presiding Officer, Industrial Tribunal-cum- Labour Court, Rohtak and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Amandeep Singh, Advocate for the petitioner. Mr.Vikas Bishnoi, Advocate for Mr.S.K.Sharma, Advocate for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) The challenge in the present writ petition is to award dated 2.4.2003 (Annexure P-3) wherein the reference has been answered in favour of the workman holding him entitled to continuity of service with 50% back-wages from the date of demand notice i.e. 1.8.1995. Counsel for the petitioner contends that even if the finding which has been recorded by the Labour Court is accepted, the respondent- workman had only worked about one year with the petitioner and, therefore, he would not be, in any case, entitled to reinstatement in service but at the most would be entitled to compensation for the said period of one year. He contends that it is an admitted position that the respondent-workman was appointed on daily wage basis, without complying with the statutory provisions governing his service. He further contends that there is clear violation of Articles 14 and 16 of the Constitution of India in the C.W.P.No.13538 of 2008 -2- appointment process and since the appointment of the respondent-workman not in accordance with the statutory rules on a public post, he is not entitled to reinstatement in service in the light of Division Bench Judgment of this Court in the case of State of Haryana vs. Ishwar Singh and another, 2008 (3) S.C.T. 788. The Division Bench of this Court has held that a daily wage employee even in case there is non-compliance of the Act and there is violation of Sections 25-F, 25-G and 25-H, is not entitled to reinstatement but would be entitled to compensation. In the said judgment also, the workman has been granted compensation. Following the judgment of this Court in the case of State of Haryana vs. Ishwar Singh and another (supra), the award dated 2.4.2003 (Annexure P-3) passed by the Industrial Tribunal-cum-Labour Court, Rohtak, is hereby set aside. The workman has worked with the respondents for one year, is held entitled to compensation of Rs.20,000/- to settle the equities between the parties. This petition is disposed of with a direction to the petitioner to make the payment of the compensation of Rs.20,000/- within a period of three months from today. February 04, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Whether referred to Reporters ________ Yes/No