Pushpa v. The Presiding Officer Abd Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 25.11.2024 CWP No.31646 of 2024 Pushpa ....Petitioner vs.
The Presiding Officer, Labour Court, Ambala and others ....Respondents CWP No.31681 of 2024 Khushi Ram ....Petitioner vs.
The Presiding Officer, Labour Court, Ambala and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. J.S.Cooner, Advocate for the petitioner(s) in both the cases Mr. Raman Sharma, Addl. A.G., Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.
By this common order, CWP Nos. 31646 of 2024 and 31681 of 2024 are hereby adjudicated as common questions of law and facts are involved. With the consent of both sides, facts are borrowed from CWP No. 31646 of 2024.
2.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of award dated 05.02.2024 PARAMJIT KAUR SAINI 2024.11.25 04:18 I attest to the accuracy and integrity of this document
CWP No.31646 of 2024 -2- (Annexure P/1) whereby Labour Court has answered the reference against her.
2.
Mr. Raman Sharma, Addl. A.G., Haryana who on advance notice is present in Court submits that petitioner was never ever engaged by respondent-Forest Department. She was engaged by Village Forest Committee which is controlled by village Panchayat. The Forest Department makes payment to Village Forest Committee which in turn makes payment to workers. She was engaged for seasonal work and there is no regular work. The Labour Court has rightly dismissed claim of the petitioner. Nevertheless, jurisdictional authority would endeavour to engage petitioner through Village Forest Committee within 10 days from today. This effort would not be treated as direct employment or employer employee relationship with the worker.
3.
Mr. J.S.Cooner, Advocate agrees to the aforesaid arrangement. 4.
In the wake of statement of both sides, the petitions stand disposed of.
(JAGMOHAN BANSAL) JUDGE 25.11.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:
No PARAMJIT KAUR SAINI 2024.11.25 04:18 I attest to the accuracy and integrity of this document