Research › Search › Judgment

Punjab High Court · body

2000 DIGILAW 886 (PNJ)

Workman Netar Prakash Kashyap v. Director Of Local Bodies

2000-08-09

MEHTAB S.GILL, S.S.SUDHALKAR

body2000
Judgment Mehtab S. Gill, J. 1. The petitioner has filed this writ petition for issuance of directions in the nature of certiorari for quashing award, dated March 30, 1999 (Annexure P-5) given by the Presiding Officer, Labour Court, Ambala. 2. The case of the petitioner is that he remained under the employment of Improvement Trust Yamuna Nagar, i. e. , respondent 2 with effect from November 21, 1988 to June 6, 1989. Thereafter, he was again appointed on August 27, 1990 as a typist and continued serving till June 6, 1991 when his services were illegally terminated by the Chairman of the Improvement Trust, Yamuna Nagar, without serving any written notice to him and without paying any retrenchment compensation as provided under Sec.25-F of the Industrial Disputes Act, 1947 . The petitioner also filed statement of claim before the Labour Court, Ambala, mentioning therein that he had completed 240 days of continuous service in the last 12 calender months. 3. Notice of motion was issued and reply was filed by respondent 2, Municipal Committee Improvement Trust, Yamuna Nagar. 4. We have heard arguments on behalf of counsel for the parties and have gone through the petition, annexures attached therewith and the written statement. 5. The petitioner was engaged on daily wages by the then Chairman, Improvement Trust, Yamuna Nagar, who was not a competent authority and also his appointment was without the approval of the Government. As per instructions, dated July 5, 1991, which have been attached as Annexure R1, the services of all the Trust employees who were not recruited against the sanctioned posts by the Government were dispensed with as the Improvement Trust was dissolved. Paragraph I which is material for adjudication of present controversy is reproduced hereunder: "3. It has been decided that services of all Trust employees who have not been recruited against the posts sanctioned by the Government should be dispensed with. Further, employees who have not completed 240 days should also, be terminated. The Municipal Committee may be asked to absorb as many regular employees of the Trust in their cadre as may be possible. No promotion or fresh appointment of the Trust employees should be made without prior approval of the State Government. " 6. Further, employees who have not completed 240 days should also, be terminated. The Municipal Committee may be asked to absorb as many regular employees of the Trust in their cadre as may be possible. No promotion or fresh appointment of the Trust employees should be made without prior approval of the State Government. " 6. The services of all Trust employees who were not recruited against the posts sanctioned by the Government and also those employees who had not completed 240 days were to be dispensed with. The Municipal Committee was only asked to absorb as many regular employees of the Trust in their cadre as may be possible. Admittedly, the petitioner was appointed on ad hoc basis and on non-sanctioned post. Therefore he could not be retained with the Municipal Committee. 7. With the above observations, this writ petition is dismissed.