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2009 Supreme(SC) 1269

R.M.LODHA, TARUN CHATTERJEE
Haryana State Co-operative Supply Marketing Federation Limited – Appellant
Versus
Sanjay – Respondent


Advocates appeared:
For the Appellant :Prashant Kumar, Gautam Awasthi, D. Mahesh Babu, Advocates.
For the Respondent:Dr. Ramesh K. Haritash, Dr. Kailash Chand, Advocates.

JUDGMENT

R.M. Lodha, J.—

1. Leave granted.

2. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana whereby Division Bench of that Court upheld the award passed by the Industrial Tribunal-Cum-Labour Court, Hissar ordering reinstatement of the respondent-workman with continuity of service and payment of 50% back wages.

3. Sanjay, respondent, was engaged as Chowkidar on causal basis by the District Manager, HAFED, Jind on August, 1998 for 29 days. On expiry of the said contract, fresh contracts were executed from time to time and he rendered service there until December 31, 1998. He was engaged afresh by the District Manager, HAFED, Hissar on January 15, 1999 where he worked upto May 31, 1999. As the service of the respondent was not renewed after May 31, 1999, he issued demand notice under Section 2A of the Industrial Disputes Act, 1947 (for short “ID Act”) raising dispute to the effect that his services were illegally terminated. Conciliation efforts having failed, upon receipt of the failure report, the appropriate Government referred the dispute for adjudication to the concerned Labour Court.

4. The respondent in his statement of cl














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