IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.126 of 2010 (O&M) Date of decision: 3.2.2010 Naresh Kumar. -----Appellant Vs. State of Haryana & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Praveen Gupta, Advocate for the appellant. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, allowing the writ petition of the respondent State against reinstatement of the appellant by the Labour Court. 2. The appellant worked as Chowkidar during construction of a building from 1.12.1993 to 25.4.1994 i.e. for about four months as daily wager. He was re-employed and thereafter, his services were terminated on 1.8.1995. He raised an industrial dispute alleging violation of Section 25-F of the Industrial Disputes Act, 1947. 3. The Labour Court upheld the plea of the appellant, against which the management preferred writ petition to this LPA No.126 of 2010 Court. Taking note of the fact that the workman was employed during construction work and his services were terminated on completion of the said work, learned Single Judge held that no ground was made out for reinstatement. However, direction for grant of compensation of Rs.25,000/- was issued. 3. We have heard learned counsel for the appellant and perused the record. 4. In view of admitted nature of appointment of the appellant workman, he could not be reinstated to a public post to which appointment was made without following procedure for regular recruitment in view of law laid down by the Hon’ble Supreme Court in Ghaziabad Development Authority and another v. Ashok Kumar and another 2008(4) SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula (2008) 1 SCC 575, M. P. Administration v. Tribhuwan (2007) 9 SCC 748 and State of M.P. and others v. Lalit Kumar Verma (2007) 1 SCC 575. Learned Single Judge was, thus, justified in setting aside the award of the Labour Court against reinstatement and continuity of service with backwages. 5. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE February 03, 2010 ( ALOK SINGH ) ashwani JUDGE 2