STATE OF CHHATTISGARH Vs. WATER RESOURCES DEPARTMENT

JUDGEMENT

(1.) The petitioner/State has preferred this writ petition under Article 226/227 of the Constitution of India challenging the award dated 31-7-2012 passed by the Labour Court, Raipur, whereby the learned Labour Court ordered for reinstatement of the respondent/workman in service without backwages.

(2.) The workman raised an industrial dispute challenging his retrenchment on the ground that the retrenchment is contrary to the provisions of the Industrial Disputes Act, 1947 (for short 'the Act, 1947').

(3.) While deciding the reference, the Labour Court has found that the workman was engaged in the year 1986 and continued to serve in the petitioner department till 1996 when he was terminated without issuing any notice or paying retrenchment compensation. The Labour Court has recorded categorical finding that the workman had worked for 240 days in the preceding calendar year and was, thus, entitled to retrenchment compensation, which was neither offered nor paid to him. The finding is, thus, to the effect that there is clear violation of the provisions of Section 25-F of the Act, 1947.