ARIJIT PASAYAT, ASOK KUMAR GANGULY
The Chief Soil Conservator Punjab – Appellant
Versus
Gurmail Singh – Respondent
JUDGMENT
Dr. Arijit Pasayat, J.—
1. Leave granted.
2. Challenge in this appeal is to the order passed by the Division Bench of the Punjab and Haryana High Court dismissing writ petition filed by the appellant under Article 226 of the Constitution of India, 1950 (in short ‘the Constitution’). Prayer in the writ petition was to quash the award dated 23.9.2004 under which the respondent no.1 was directed to be reinstated with continuity of service with 50% back wages within stipulated time. The award was made by the Presiding Officer, Patiala. The matter was before the Labour Court on the basis of a complaint made by respondent no.1.
The brief facts of the case are that respondent no.1-workman was appointed as Buldozer Operator with the petitioner-management on 1.11.1990. Since his appointment was on 89 days basis, the same was extended from time to time till 5.7.1996. Thereafter, his services were not extended. The workman raised an industrial dispute on the ground that his services were terminated by the management on 15.7.1996 without any notice, charge sheet, enquiry or compensation and that the juniors to him are still in service of the management and new persons were also appoin
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