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V.GOPALA GOWDA, C.NAGAPPAN
JASMER SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
The Court's decision emphasizes that when an employee's termination violates the provisions of the Industrial Disputes Act, the worker is entitled to reinstatement with full back wages and continuity of service. This entitlement is irrespective of the length of service or the period the worker was employed. The focus is on ensuring that the termination is deemed void ab initio if statutory procedures are not followed, thereby safeguarding the worker's rights to proper reinstatement and compensation.
JUDGMENT
V. GOPALA GOWDA, J.
Leave granted.
2. This appeal is filed by the workman, aggrieved by the impugned judgment and order of the Punjab and Haryana High Court in L.P.A. No. 2245 of 2011 (O & M) dated 19.09.2013 affirming the judgment and order of the learned Single Judge dated 7.04.2010 passed in C.W.P. No. 9532 of 2001 by which Award dated 27.07.2000 of the Industrial Tribunal-cum-Labour Court, Panipat, in Reference No. 205 of 1997 is set aside, raising certain questions of law and urging various legal grounds in support of the same.
3. In nutshell, facts are stated for the purpose of finding out whether the impugned judgment and order of the Division Bench warrants interference by this Court in this appeal.
4. The appellant-workman was working as daily paid worker in the office of Sub Divisional Officer/Engineer, Provincial Division No. 3, PWD B & R Karnal since 1.1.1993 and remained in service upto December, 1993. He had completed more than 240 days of continuous service in one calendar year. His services were terminated on 31.12.1993 without complying with the mandatory provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (hereinafter referred to as
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