Punjab Police Rules, 1934, Rule 12.21 – Compassionate appointment on bogus matriculation certificate – Subsequently discharged on the ground of fabrication in matriculation certificate – Held, appointment of the plaintiff/son after the death of his father on compassionate grounds was undeserving – Suit for declaration for entitlement of benefit and privileges of recruitment in Police Force in place of father dismissed.

(Para 4, 14,15)

Army Rule, 1954, Rule 13(3) – Disability pension – Delay in claiming – Right of – Rejection of claim for disability pension, communicated too in 1986 – Petition for disability pension in 1998 -- Thereafter, further application in September, 2002 was duly replied to and rejected – In January, 2010 respondent moved the Armed Forces Tribunal – Held, delay cannot deprive the respondent of the disability pension to which he is entitled -- However, grant of disability pension should be restricted to the period of three years immediately prior to the date on which the respondent moved the Armed Forces Tribunal.

(Para 1, 3,4)

Industrial Disputes Act, 1947 (14 of 1947), Section 11-A, 25-F – Daily wager – Termination of – Monetary compensation -- Respondent worked as daily wager hardly for a period of one year -- He had no right to claim regularization and to continue as daily wager -- Dispute was raised by the respondent (workman) almost after 25 years of the alleged termination before the Labour Court – Held, it would be just, proper and reasonable to award lump sum monetary compensation to the respondent in full and final satisfaction of his claim of re-instatement and other consequential benefits by taking recourse to the powers under Section 11-A of the Act and the law laid down in Bharat Sanchar Nigam Limited’s case, (2014) 7 SCC 177 – A sum of Rs.1,00,000/- (Rs. One lakh) awarded.

(Para 12-15)

A. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Daily wager worker -- Notice pay – Non-Compliance of – Re-instatement of – Retrenchment of -- When the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee by paying him the retrenchment compensation – When he cannot claim regularization and he has no right to continue even as a daily wage worker, no useful purpose is going to be served in reinstating such a workman and he can be given monetary compensation by the Court itself inasmuch as if he is terminated again after reinstatement, he would receive monetary compensation only in the form of retrenchment compensation and notice pay -- In such a situation, giving the relief of reinstatement, that too after a long gap, would not serve any purpose.

(Para 24)

B. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Unfair labour practice – Violation of Principle of last come first go – Junior regularised – Termination of daily wager worker – Reinstatement of worker – Right of -- In such circumstances, the terminated worker should not be denied reinstatement unless there are some other weighty reasons for adopting the course of grant of compensation instead of reinstatement -- In such cases, reinstatement should be the rule and only in exceptional cases for the reasons stated to be in writing, such a relief can be denied.

(Para 25)

C. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Termination took place more than 11 years ago -- No direct evidence for working 15 years has been furnished and most of his documents are relatable to two years i.e. 2001 and 2002 -- Need of lineman in the telephone department is drastically reduced after the advancement of technology – End of justice would be met by granting compensation in lieu of reinstatement – Compensation of Rs. 3 lakhs granted.

(Para 26)

Punjab Civil Services Rules, Vol.2, Rule 3.17-A – Re-structured Defined Contribution Pension Scheme for new entrant in Punjab Government Service, w.e.f. 1.1.2004 – Constitution of India, Article 226, 227 -- Old Pension scheme – Applicability to daily wager/ Work charge employees appointed prior to 1.1.2004 and regularised after 1.1.2004 – Held, entire daily wage service till the date of regularization is to be counted as qualifying service for the purpose of pension – Petitioner is deemed to be in govt. service prior to 1.1.2004 -- New Re-structured Defined Contribution Pension Scheme introduced for the new entrants in the Punjab Government Service w.e.f. 01.01.2004, will not be applicable to the petitioner -- Respondents directed to treat the whole period of work charge service as qualified service for pension, the new defined Contributory Pension Scheme would be applicable to all those employees who have been working prior to 1.1.2004 but have been regularized thereafter -- Pension and arrears be calculated and paid to him expeditiously, preferably within a period of three months.

(Para 16, 17)