Swarup Parkash Vs Presiding Officer (Punjab and Haryana High Court)
Punjab and Haryana High Court recently dismissed a petition challenging an award from the Labour Court regarding a worker’s termination and claim for regularization of employment. The petitioner had worked at the Government Medical College and Hospital (GMCH), Chandigarh, from May 1995 until his termination in December 1997. After several years of legal proceedings, including a previous Labour Court ruling, the petitioner sought to challenge his termination and demand regularization, citing payment of differential wages under the Minimum Wages Act. The worker argued that the payment confirmed his employment status with the GMCH, making his termination invalid. However, the Labour Court had already dismissed his claim in 2007, stating that the petitioner could not prove his employment with GMCH directly.
The High Court upheld the principle of res judicata, stating that the issue of termination had already been resolved in the 2007 Labour Court decision, which the petitioner had not contested. Despite the subsequent payment of differential wages under the Minimum Wages Act, the Court ruled that this did not create a fresh cause of action or change the status of the worker’s employment with GMCH. The payment of wages under the Act was simply a compliance issue and did not alter the termination’s legality. The Court emphasized that allowing the worker to re-litigate the same issue would undermine the purpose of res judicata, which aims to bring finality to disputes and prevent endless litigation. Therefore, the High Court dismissed the petition, agreeing with the Labour Court’s decision that the second claim was not maintainable.
