P.SATHASIVAM, H.L.DATTU
Ramesh Kumar – Appellant
Versus
State of Haryana – Respondent
Judgment :
P. Sathasivam, J.
1) Leave granted.
2) This appeal is directed against the judgment and final order dated 23.12.2008 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 575 of 2004 whereby the High Court allowed the writ petition filed by the State of Haryana.
3) According to the appellant, in December, 1991, he was appointed as Mali on casual basis in Public Works Department (B & R) Haryana and worked at the Chief Ministers residence. On 31.01.1993, his service was terminated without any notice or retrenchment compensation as provided in the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). After knowing that persons similarly appointed were either allowed to continue or regularized by the Department, the appellant sent a notice to the respondent. Since the Department declined to accede to his request, appellant made a Reference No. 81 of 1999 before the Labour Court, Union Territory, Chandigarh. He pleaded before the Labour Court that he had completed more than 240 days of service and all along he was performing his duties at the residence of the Chief Minister, Haryana. The Government has made a policy that persons who have compl
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