The court upheld the Labour Court's decision to reinstate the workman, emphasizing the violation of statutory provisions and the need for social justice in labor relations.

JUDGMENT

Mr. Sanjay Vashisth, J. (Oral)

Petitioners (being Management) has filed the instant writ petition, challenging the award dated 25.01.2017(Annexure P-2), passed by learned Industrial Tribunal-cum-Labour Court, Ambala, whereby reference No.R/45/2016, under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'), has been answered in favour of the workman.

While holding that the termination of the workman is in violation of Section 25-G, 25-H of the Act of 1947, learned Labour Court set aside the termination and held the workman entitled for reinstatement in service with its continuity along with 50% back wages.

2. Pleaded case of the Workman-Faquir Chand was that he joined services as Daily Wage Worker on 12.05.1980 under the administrative control of the petitioners (Management) and continuously worked till 24.05.1984. Due to the shortage of material and paucity of work, his services were retrenched illegally and in gross violation of the mandatory provisions of Section 25-F, 25-G and 25-H of the Act of 1947. Even the employees junior to the workman, were retained in service, who have now been regularized.

3. On the other hand, the petitioners(Management) in the written statement filed by them have pleaded that the workman was appointed as daily wage worker and his services were retrenched vide retrenchment notice dated 23.04.1984. In the year 1988, when fresh daily wagers were recruited, an opportunity was given to the workman-Faquir Chand, to appear for interview, but he could not clear the same and was not found suitable for the job because of not possessing ITI Diploma, which was mandatory for being eligible to work on daily wages basis. Thus, as per Management, it is admitted position that the workman was there in service from 12.05.1980 to 24.05.1984. Pleading of the workman that the junior employees, namely, Chhedi Lal, Satish Kumar and Prabhat Kumar, were retained in the service was confirmed by the Management witness-Smt. Poonam Rathi, UDC (MW1), posted in the office of XEN (operation) UHBVN, Ambala, as she admitted the same in her cross-examination. In-fact, all these workmen were ordered to be reinstated in service, because of the award pronounced by the Labour Court, Ambala (Mark 'K').

4. In the writ petition filed by the workman-Faquir Chand before this Court, High Court asked for the seniority list from the Management, but the defence was taken that the seniority list of the workmen has already been destroyed due to the flood. Whereas, as a matter of fact, through the certified copy of the order passed by the Labour Court, Ambala, said seniority list could have been produced. When the LPA was filed by the workmen, Division Bench of this Court (Punjab and Haryana High Court) directed to seek the remedy of reinstatement through the Labour Court. It is thereafter on the basis of the evidence available on record, Labour Court observed that there appears to be no dispute that the workman has rendered his services from 12.05.1980 to 24.05.1984 and thus, the relationship of Employer and employee is well established and proved.

5. Another noticeable fact from the impugned award is that as per award dated 27.11.1992 ( Mark 'K), another junior employee, namely, Prabhat Kumar was reinstated in service after the decision of the High Court. Thereupon, observations made in paragraph Nos.12 and 13 of the award are required to be referred and the same are reproduced here below:

"12. In the present case the workman has worked for more than 240 days with the respondents and relationship of employer and employee so proved. In the present scenario the respondent has terminated the services of the workman without observing the mandatory provisions of sections 25-G & 25 H of the Act as junior persons namely Chhedi Lal, Satish Kumar and Prabhat Kumar have been retained by the respondents in service after the termination of the services of the workman and have been regularized. For this reliance can