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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Vinod Kumar – Appellant
Versus
Presiding Officer, Industrial-Cum-Labour Court, Hisar – Respondent
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 | S | ||||
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.
Termination of outsourced employees merged into APCOS deemed illegal; court directed continuation of services and payment of due salaries.
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