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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH, J.
Vinod Kumar - Appellant
Vs.
Presiding Officer, Industrial-Cum-Labour Court, Hisar And Others - Respondent
CWP-23845-2022
Decided On : 13-05-2024
JUDGMENT :
Sanjay Vashisth, J.
This petition and pending miscellaneous application(s), if any, stands disposed of, in terms of detailed observations made in the common judgment of even date, passed separately in CWP No. 17232 of 2022, titled as "The Managing Director, Haryana Agro Industries Corporation Limited and another v. Anoop Kumar and another", and 68 connected cases, including present petition.Sr. No. | Case No. | Case Title | Arising out of Reference No. | Date of award passed by Industrial Tribunal-cum-Labour Court, Hisar | ||
Petitioner(s) | Respondent(s) | |||||
01 | CWP-172322022 (O&M) | The Managing Director Haryana Agro Industries Corporation Limited and another | Anoop Kumar and another | 21 of 2017 | 28.04.2022 | |
02 | CWP-69812023 | Jagat Pal | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | 29 of 2016 | 28.10.2022 | |
03 | CWP-67812023 | Dhollu Ram | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | 30 of 2016 | 28.10.2022 | |
04 | CWP-68272023 | Gopi Ram | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | 33 of 2016 | 28.10.2022 | |
05 | CWP-175952022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Sharwan Kumar @ Meenu and another | 10 of 2017 | 31.03.2022 | |
06 | CWP-240502022 | Sharwan Kumar @ Meenu | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
07 | CWP-176052022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Subhash and another | 11 of 2017 | 31.03.2022 | |
08 | CWP-243702022 | Subhash | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
09 | CWP-176572022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Vinod Kumar and another | 12 of 2017 | 31.03.2022 | |
10 | CWP-238452022 | Vinod Kumar | Presiding Officer, Industrial-cum-Labour Court, Hisar and others | |||
11 | CWP- 17661- 2022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Satish and another | 13 of 2017 | 31.03.2022 | |
12 | CWP-239052022 | Satish | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
13 | CWP-175932022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Mehar Chand @ Kallu and another | 14 of 2017 | 31.03.2022 | |
14 | CWP-240052022 | Mehar Chand @ Kalu | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
15 | CWP-175992022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Charan Singh and another | 15 of 2017 | 31.03.2022 | |
16 | CWP-240242022 | Charan Singh | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
17 | CWP-177282022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Dharam Chand @ Magar Singh and another | 16 of 2017 | 28.04.2022 | |
18 | CWP-238822022 | Dharam Chand @ Magar Singh | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
19 | CWP- 18127- 2022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Parveen Kumar and another | 17 of 2017 | 14.07.2022 | |
20 | CWP-239042022 | Parveen Kumar | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
21 | CWP- 18067- 2022 | The Managing Director, Haryana Agro Industries Corporation Limited and another | Rakesh and another | 19 of 2017 | 15.07.2022 | |
22 | CWP-240022022 | Rakesh | Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
23 | CWP-172872022 (O&M) | The Managing Director Haryana Agro Industries Corporation Limited and another | Raju and another | 22 of 2017 | 28.04.2022 | |
24 | CWP-172372022 (O&M) | The Managing Director Haryana Agro Industries Corporation Limited and another | Rajender and another | 23 of 2017 | 28.04.2022 | |
25 | CWP-90652023 (O&M) | The Managing Director, Haryana Agro Industries Corporation Limited and another | Lokesh Kumar and another | 02 of 2018 | 01.09.2022 | |
26 | CWP-90902023 (O&M) | The Managing Director, Haryana Agro Industries Corporation Limited and another | Anoop and another | 03 of 2018 | 26.08.2022 | |
27 | CWP-219682023 | Anoop | The Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others | |||
28 | CWP-91022023 (O&M) | The Managing Director, Haryana Agro Industries Corporation Limited and another | Hardeep and another | 04 of 2018 | 01.09.2022 | |
29 | CWP-219892023 | Hardee | ||||
The main legal point established in the judgment is that a writ petition by an outsourced employee against a private entity is not maintainable.
The burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
The main legal point established in the judgment is that the termination of an employee's services must comply with the provisions of the Industrial Disputes Act, including notice and compensation re....
The court recognized the importance of practical realities over contractual labels in determining employee status, concluding that long-term employees performing core duties are entitled to regulariz....
The earlier ruling by the Central Administrative Tribunal was deemed a nullity due to lack of jurisdiction, allowing the workwoman's claim for reinstatement to be adjudicated afresh.
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