Punjab-Haryana High Court
Mahinder Singh vs Presiding Officer And Another on 23 October, 2008
Author: Hemant Gupta
Bench: Hemant Gupta
Civil Writ Petition No.18391 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: 23.10.2008
Mahinder Singh ....Petitioner
Versus
Presiding Officer and another ...Respondents
CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR.JUSTICE NAWAB SINGH
Present:- Mr.Ravi Sharma, Advocate for the petitioner.
1.Whether Reporters of local papers may be allowed to see the
judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
HEMANT GUPTA, J.
The petitioner was engaged as daily wager in pursuance of the resolution dated 20.12.1995. However, his services were terminated on 5.3.1999. The petitioner raised an industrial dispute under the provisions of Section 10 (1) (c) of the Industrial Disputes Act, 1947, which was referred to the Labour Court, Hisar. While relying on the judgment of the Hon'ble Supreme Court in Mahboob Deepak Vs. Nagar Panchayat, Gajraula, 2008 (1) Law Herald (SC) 413 and number of judgments of this Court, the Labour Court returned the finding that the petitioner cannot be granted reinstatement and back wages in view of the fact that his engagement was on daily wage basis and not against the sanctioned post and such appointment was not in accordance with the rules and regulations in public employment.
In view of the fact that the award of the Labour Court is Civil Writ Petition No.18391 of 2008 2 based on the judgments of this Court following the judgment of the Hon'ble Supreme Court, we find no illegality or irregularity in the Award warranting interference in the writ jurisdiction. Consequently, the present writ petition is dismissed.
(HEMANT GUPTA) JUDGE (NAWAB SINGH) 23.10.2008 JUDGE AS