CWP No. 20152 of 2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (110) CWP No. 20152 of 2026 (O&M) Date of Decision: 21.07.2026 State of Punjab and others .....Petitioners Versus Raj Pal and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Ms. Aakanksha Gupta, AAG, Punjab. **** KIRTI SINGH , J. (ORAL) 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India challenging the award dated 24.01.2024 (Annexure P-1) passed by the learned Industrial Tribunal, SAS Nagar, Mohali in Reference No. 62 of 2015/RBT Ref. No. 197 of 08.8.2017, whereby the respondent No. 1 has been reinstated with continuity of service and back wages. 2. Learned State counsel submits that respondent No. 1-workman was engaged purely as a daily wager/muster roll labourer with the Forest Department with effect from 01.05.1998. Subsequently, due to non- availability of sanctioned posts and budgetary constraints, respondent No. 1- workman, along with other daily wagers was released were discharged from his conditional engagement on 31.12.2011. Subsequently, an industrial dispute was raised by respondent No. 1 in the year 2015, wherein the defence of the petitioner-department was struck off due to the repeated failure to file the written statement, which resulted in the passing of the impugned award dated 24.01.2024 (Annexure P-1) by the learned Industrial GURPREET SINGH 2026.07.27 09:28 I attest to the accuracy and integrity of this document Chandigarh CWP No. 20152 of 2026 (O&M) -2- Tribunal, SAS Nagar, Mohali directing the reinstatement of the respondent- workman with continuity of service and 50% back wages. Learned State counsel submits that the learned Tribunal has erred in granting the aforesaid relief without appreciating the nature of the respondent-workman’s engagement. It is submitted that the respondent-workman was a daily wage/ seasonal worker and was never appointed against any sanctioned post. Moreover, the principle of retrenchment does not apply when there is cessation of casual or seasonal engagement, as per the provision contained under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (for short ;the Act o 1947’),. It is further submitted that neither was the name of the respondent-workman mentioned in the State level seniority list of daily wage workers who had completed 10 years of service upto 16.5.2023, nor was it contained in the seniority list of daily wage workers of Forest Division, Rupnagar. Learned State counsel further submits that the preliminary onus to prove continuous service of 240 days in preceding 12 months as mandated under Section 25-B of the Act of 1947 rested upon the respondent-workman, which was not satisfactorily discharged. It is thus submitted that the impugned award has been passed by the learned Tribunal without proper consideration of the facts of the case. In support of her submissions, learned State counsel has placed reliance upon the judgments passed by the Apex Court in (i) Municipal Council, Samrala v. Raj Kumar, (2006) 3 SCC 81, (ii) Range Forest Officer v. S.T. Hadimani, (2002) 3 SCC 25, and (iii) Bharat Sanchar Nigam Limited v. Bhurumal, (2014) 7 SCC 177. Therefore, it is prayed that the impugned award dated 24.1.2024, be set aside. 3. I have heard the learned State counsel and have gone through the record with her able assistance. GURPREET SINGH 2026.07.27 09:28 I attest to the accuracy and integrity of this document Chandigarh CWP No. 20152 of 2026 (O&M) -3- 4. A perusal of the impugned award dated 24.1.2024 reveals that the learned Industrial Tribunal, after appreciating the oral as well as documentary evidence available on record returned recorded a categoric finding that the testimony of the respondent-workman with respect to his services with the Forest Department from 01.05.1998 till 31.12.2011, was duly supported by the departmental seniority list produced on record, wherein the name of the respondent-workman figured. The fact that despite contesting the claim of the workman, the petitioner-department did not adduce any evidence to discredit the version of the respondent-workman or to establish that cessation of his employment was in accordance with law. It was, therefore, based on the unrebutted evidence on record that the finding of fact, that the services of the respondent-workman were terminated without the mandatory statutory safeguards, including issuance of notice, or holding an enquiry, was returned by the Labour Court. It was further noted that no evidence had been produced on record to prove that the workman had secured another employment after his termination. Consequently, the Tribunal awarded reinstatement of the respondent-workman, with continuity of service and 50% back wages. No material has been pointed out before this Court to satisfactorily establish that the said finding suffers from any patent illegality or infirmity so as to warrant interference by this Court. 5. Even otherwise, there is an unexplained delay in invoking the writ jurisdiction, inasmuch as the impugned award was passed on 24.01.2024, whereas the present writ petition was instituted in the year 2026. As per the case of the petitioner, the copy of the impugned award was received in the office of the petitioner-Department on 26.7.2024, which was forwarded to the office of Forest Range Officer, Sri Anandpur Sahib vide letter No. 63 dated 18.7.2024. Yet, the present petition has been instituted in GURPREET SINGH 2026.07.27 09:28 I attest to the accuracy and integrity of this document Chandigarh CWP No. 20152 of 2026 (O&M) -4- the year 2026. No satisfactory explanation has been given by the learned State counsel for the prolonged delay in assailing the impugned award. 6. Accordingly, finding no merit in the present writ petition, for the reasons discussed hereinabove, the same is hereby dismissed. 7. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) JUDGE July 21st, 2026 Gurpreet Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GURPREET SINGH 2026.07.27 09:28 I attest to the accuracy and integrity of this document Chandigarh