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LPA-3753-2025 (O&M) 1

129

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

LPA-3753-2025 (O&M)

Date of decision : 24.12.2025

Gajja ...Appellant

Vs.

Presiding Officer, Labour

Court, Hisar and another ...Respondents

CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

HON’BLE MR. JUSTICE DEEPAK MANCHANDA

Present: Mr. A.P.Bhandari, Advocate

for the appellant.

***

DEEPAK MANCHANDA , J .

Through this intra-court appeal, the appellant has challenged the

impugned judgment dated 4.04.2025 passed by the learned Single Judge where

the writ petition filed by the appellant has been dismissed.

2. The brief facts emanating from the pleadings of the present appeal

are that the Labour Court passed an award against the appellant, whereby his

claim for reinstatement and continuity in service was rejected. The appellant

was appointed as Beldar-cum-Mali in July, 1994 with the respondent-

management-Forest Division, Jind for maintenance of plants etc. The services

of the appellant were terminated on 30.11.2010 and after the issuance of

demand notice and consideration proceedings, the appellant approached the

Labour Court, where, by an award dated 27.01.2014 the claim of the appellant

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was rejected. Being aggrieved, the appellant challenged the said award dated

27.01.2014 through writ petition bearing CWP No.15538-2016, which was

dismissed vide the impugned judgment dated 04.04.2025 and the learned

Single Judge upheld the award passed by the Tribunal with the observations

that there was no existence of master and servant relationship between the

appellant and respondent-department. Now, this intra court appeal has been

preferred against the impugned judgment dated 04.04.2025.

3. Learned counsel for the appellant submits that the learned Single

Judge erred in ignoring the material evidence and wrongly affirmed the award

passed by the Labour Court. It is contended that the termination was without

notice or compensation and in violation of Sections 25-F and 25-G of the

Industrial Disputes Act, 1947. Learned counsel submits that appellant was

appointed in 1994 i.e prior to the introduction of contract system in the year

2003 and he continued to work for another period of more than ten years,

which resulted into change in the service conditions. Therefore, workmen were

paid online through the contractors and not by the State. Accordingly, no

appointment letter was issued and only muster rolls were maintained. He

further submits that the appellant had worked continuously for more than ten

years, satisfying the 240 days requirement under Section 25-B of the Act. He

argues that the appellant worked under the direct supervision of the

department, hence constructive employment existed, therefore termination was

arbitrary and discriminatory.

4. Heard.

5. A perusal of the impugned judgment dated 04.04.2025 and award

dated 27.01.2014 passed by the Labour Court shows that the appellant-

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workman failed to prove the master and servant relationship with the

respondent-department. No documentary evidence such as the appointment

letter or the salary being disbursed to the workman employee by the

department was ever produced before the Labour Court. The relevant extract of

the impugned judgment reads as follows:

“23. Further, it is conceded position that there is no appointment

given to the petitioner(s)-Workmen by the respondent-Department of

Forest, Government of Haryana at any given point of time. Once,

there is no appointment given by the respondent-Department of

Forest, Government of Haryana to the petitioner(s)-Workmen, the

petitioner(s)-Workmen cannot be treated as an employees of the

respondent-Department. As per the settled principle of law settled in

SLP(C) 19848 of 2023 titled “The Joint Secretary, CBSE Vs. Raj

Kumar Mishra and ors.”, decided on 17.03.2025, in order to claim

employment in an organisation, direct master and servant relationship

is to be