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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
R.N. Mishra – Appellant
Versus
Haryana State Industrial Development Corporation – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
CM-33195-2001
Allowed as prayed for.
CM-13232-CWP-2016
The present application has been filed under Section 151 of CPC for placing on record the policy dated 06.02.2001 as Annexure P-38 and exemption from filing the original/typed copy of the same.
In view of the averments made in the application, the same is allowed and the policy dated 06.02.2001 as Annexure P-38 is taken on record. Further, the applicant/petitioner is exempted from filing the original/typed copy of the same. Registry is directed to tag the same at an appropriate place in the file.
CWP-18401-2001
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus directing the respondents to absorb the petitioners on suitable posts, according to their educational qualifications, experience and status in any board/corporation/university/department etc. of the State of Haryana. In the alternative, it is prayed that if it is concluded that the petitioners cannot be absorbed, the petitioners be paid their terminal dues and compensation.
2. Learned counsel for the petitioners submits that the petitioners were workin
Absorption rights for retrenched employees are contingent upon participation in litigation; non-parties are not entitled to benefit from judicial decisions of previous cases.
Absorption claims under the Industrial Disputes Act require existing employment; retrenchment compensation claims can still be valid if evidence of non-payment exists.
The court ruled that quasi-contractual arrangements do not preclude establishing employment status; the absence of a true contractor allows claims under MRTU & PULP Act.
Termination of casual workers constituted illegal retrenchment under Section 25F due to failure to provide notice and compensation; reinstatement replaced with monetary compensation due to the delay ....
The court held that the termination of employees for strike participation, without following due process or respecting binding agreements protecting their rights, violated constitutional protections ....
Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.
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