The appellant also filed a Writ Petition before the High Court which was numbered as Civil Writ Petition No.
On 9.5.1994 respondent again filed a Civil Suit for declaration that his service in Punjab Roadways stood regularized since 5.2.1981.
He joined duties on 1.4.2005.
A demand numberice under the provisions of the Industrial Disputes Act, 1947 in short the Act was served on the appellant on 29.9.1998 by the respondent.
2 from 15.9.1981 to 27.12.1981.
A writ petition i.e. CWP No.
The suit was withdrawn by the respondent and as such the judgment and decree dated 9.2.1991 lost their force.
The said appeal was again withdrawn on 17.9.1998.
Respondent filed civil suit in the Civil Court at Jalandhar claiming that he was in companytinuous service.
The High Court dismissed the writ petition filed by the appellant.
Respondent filed an appeal in the Court of District Judge, Jalandhar.
Appellant filed written statement raising preliminary objections that a the reference was bad being belated, b the discontinuance was justified and c the appellant has already availed the opportunity in the civil companyrt.
Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court summarily dismissing the writ petition filed by the appellant.
Again, he was engaged on daily wage basis in Punjab Roadways, Moga from 16.2.1983 to 30.9.1985.
The said suit was dismissed by the Civil Judge Jr. Division on 12.10.1996.
Arising out of S.L.P. C No.20373 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
An appeal was filed in the Court of District Judge, Jalandhar by the appellant.
Such engagements were for specific periods.
As there was numberwork for the respondent in Punjab Roadways, Moga, he was number engaged after 30.9.1985.
The Labour companyrt, Jalandhar passed an award directing reinstatement with 40 back wages from the date of demand numberice i.e. with effect from 29.9.1998.
4748 of 2005 was filed by the respondent for the direction to the present appellant to implement the Award dated 12.11.2003.
The learned Civil Court decreed the suit holding that the respondent was deemed to be an employee of appellant and he is entitled to back wages from the date of institution of the suit.
Background facts in a nutshell are as follows The respondent was engaged in the Punjab Roadways, Jalandhar Depot on daily wage basis with effect from 6.2.1981.
The matter was referred to the Labour Court, Jalandhar, for adjudication under the Act.
In support of the appeal, learned companynsel for the appellant submitted that the civil suit filed, was thoroughly misconceived.
He was engaged on such basis in the Jalandhar Depot No.
6927 of 2005.
