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2005 Supreme(SC) 880

R. C. LAHOTI, P. K. BALASUBRAMANYAN, G. P. MATHUR
General Manager, Haryana Roadways – Appellant
Versus
Rudhan Singh – Respondent


Judgment

G.P. Mathur, J.—This appeal, by special leave, has been filed against the judgment and order dated 14.5.2001 of the High Court of Punjab and Haryana by which the writ petition preferred by the appellant chal­lenging the award of Industrial Tribunal-cum-Labour Court, Rohtak directing reinstatement of the respondent Rudhan Singh with continuity of service and 50% back wages was dismissed.

2. The respondent Rudhan Singh was appointed in various capacities on a class IV post with the appellant Haryana Roadways and he worked from 16.3.1988 to 28.2.1989 with some breaks. Thereafter, he was not given any appointment. He raised a demand for being reinstated before the Conciliation Officer, Rohtak on 24.8.1991. The conciliation efforts having failed the State Government exercising powers under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short the ‘Act’) made a reference to the Industrial Tribunal-cum-­Labour Court, Rohtak as to whether the termination of service of the respondent is justified and valid, and, if not, to what relief he was entitled under law.

3. In his claim statement the respondent pleaded that he was appointed as Helper on 16.3.1988 on daily wage basis.
























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