Civil Writ Petition No. 15706 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 15706 of 2008 Date of Decision: 4.9.2008 Subhash …Petitioner Versus The Presiding Officer, Labour Court, Hisar and Another …Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.D.R.Punia, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. The present petition has been filed by Subhash (hereinafter called as “the Workman”). He has challenged the impugned Award (Annexure P1) dated 10.9.2007. The petitioner-workman has claimed that he was appointed to the post of Jeep Driver on daily wages basis w.e.f. 17.11.1997 by the Principal, Government Engineering & Technical Institute, Hisar, respondent No.2 (hereinafter called as “the Management”). It is further case of the Workman that his services were terminated on 28.10.1998. Learned Labour Court has placed reliance upon various judgments of Hon'ble the Apex Court. Learned Labour Court has also Civil Writ Petition No. 15706 of 2008 2 placed reliance upon a decision of this Court in Executive Engineer, Provincial Division, PWD B&R Branch, Jind v. Om Parkash and Another (Civil Writ Petition No. 13533 of 2006) and has concluded as under:- “10. While deciding the case of Om Parkash (supra) Hon'ble High Court considered the matter of daily wager and has held that an employee employed as on daily wages could not be reinstated/regularization in public employment, which is government, which is governed by rules and regulation. The relevant para of the judgment reads as under:- “We have considered this matter in Civil Writ Petition No. 18587 of 2004 Tek Chand Vs. the Presiding Officer and others, decided on 20.7.2007, wherein after referring to the judgments of the Hon'ble Supreme Court of SM Nilajkar and others Vs. Telecom District Manager, Karnataka 2003(4) SCC 27 and Municipal Council, Samrala Vs. Raj Kumar 2006(3) SCC 81 it was observed that termination of services of daily wager will not amount to retrenchment and will be covered by exception (bb) to Section 2(oo) of the Act. It was further observed after referring to Civil Writ Petition No. 15706 of 2008 3 judgments of the Hon'ble Supreme Court in Himanshu Kumar Vidvarthis Vs. State of Bihar AIR 1997 SC 3567, Reserve Bank of India Vs. Gopinath Sharma 2006(6) SCC 221 and Gangadhr Pillai Vs. Siemens Limited 2007(1) SCC 533 that an employee employed as a daily wager could not be reinstated/regularization in public employment which is governed by rules and regulations”. Applicant was a daily wager. His termination is legal and binding upon his rights. Workman cannot found entitled to any relief. Accordingly, this issue is decided against the workman and in favour of the management”. We find that the findings returned by learned Labour Court is in consonance with the law laid by Hon'ble the Apex Court. The impugned Award is just, appropriate and call for no interference. Hence, we find no merit in the present petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge (Hemant Gupta) Judge September 4, 2008 “DK”