ORDER:
1. This appeal has been preferred against order of learned Single Judge, upholding award of the Labour Court against reinstatement with 25% backwages.
2. The respondent-workman worked as Chowkidar with the appellant management from 1984 to 1991 as daily wager. His services were terminated in March, 1991, against which he raised an industrial dispute, alleging violation of Section 25-F of the Industrial Disputes Act, 1947. The Labour Court upheld the claim of the workman and directed reinstatement with 25% backwages. The management filed writ petition in this Court, opposing reinstatement on the ground that recruitment of the workman was not made after following the statutory rules and in such circumstances, reinstatement was not called for. Certificate dated 7.7.1993 was issued to the workman, which is as under:-
“Ref. No. BM-Estt/PF/1998 Dated 7-7-93 To whom it may concern
This is to certify that Shri Sohan Singh s/o Shri Jita Ram of Village Nangal Farid P.O Ghorawaha, Distt. Hoshiarpur is working as a peon on daily wages in this institution since 1984. This certificate is being issued to him at his own request for seeking employment in the Hoshiarpur Central Cooperative Bank Ltd., Hoshiarpur as a peon.
Sd/- Managing Director”
It was also submitted that the workman was a seasonal employee and his non-engagement did not amount to retrenchment, as held by the Hon'ble Supreme Court in Morinda Cooperative Sugar Mills Ltd. v. Ram Kishan 1995 (5) SCC 653 as well as in the case of the appellant management itself in Bhogpur Cooperative Sugar Mills Ltd. v. Harmesh Kumar. 2006 (13) SCC 28. Reliance has also been placed on judgment of this Court dated 19.10.2007 in C.W.P No. 18030 of 2003 The Haryana State Cooperative Supply and Marketing Federation Federation Ltd., Panchkula (HAFED) v. Presiding Officer and another wherein after referring to judgments of the Hon'ble Supreme Court in M.P State Agro Industries Development Corpn. Ltd. and another v. S.C Pandey (2006) 2 SCC 716, U.P Power Corporation and another v. . Bijli Mazdoor Sangh and others (2007) 5 SCC 755 and Municipal Council, Samrala v. Raj Kumar. 2006 (3) SCC 81, it was held that a daily wager was not entitled to reinstatement.
3. Learned counsel for the respondent workman relies upon judgment of the Hon'ble Supreme Court in R.M Yellatti v. Asstt. Executive Engineer. AIR 2006 SC 355 and U.P State Brassware Corpn. and another v. Udai Narain Pandey 2006(1) SLR 11, wherein reinstatement was allowed in the case of daily wager.
4. We are of the view that the workman having been appointed as daily wager, was not entitled to reinstatement merely on the ground that he had worked for 240 days, as held 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, Uttranchal Forest Department Corpn. v. M.C Joshi (2007) 2 SCC (L&S) 813, State of M.P and others v. Lalit Kumar Verma (2007) 1 SCC 575.
5. We are, thus, unable to sustain the view taken by learned Single Judge. However, the workman will be entitled to compensation of Rs. 1 lac.
6. The appeal is allowed, accordingly, in above terms.
(ADARSH KUMAR GOEL) JUDGE
February 09, 2010
(ALOK SINGH)
ashwani
JUDGE