STATE OF CHHATTISGARH Vs. RADHELAL CHANDRA

JUDGEMENT

(1.) Challenge in the present writ petition is the award dated 03.10.2008 whereby the Labour Court, Bilaspur in Case No.44/IDA/2005(Ref.) has allowed the case of the respondent-employee and granted relief of reinstatement without back-wages but with continuity of service.

(2.) The case of the respondent-employee before the Labour Court was that he had been initially engaged by the petitioners' establishment on 01.09.1988 and he was working as a helper under petitioner no.2. The respondent continued on the said post without interruption till 24.08.1997 on which date his services without any order in writing were terminated/discontinued.

(3.) Case of the respondent-employee was that he had been put in service for about 9 years and as such, he had attained the status of permanent employee. Therefore, the petitioners before discontinuing the services of the respondent ought to have followed the mandatory provisions of the Industrial Disputes Act more particularly should have granted compensation as is envisaged under Section 25 F of the Industrial Disputes Act. Thus, the respondent-employee had sought for declaring his termination to be bad in law and for reinstatement with all consequential benefits.