DIRECTOR ALL INDIA RADIO Vs. RAMESH

JUDGEMENT

(1.) The challenge in this writ petition is to the Award dated February 24, 2006 passed by the Industrial Tribunal in I.D No.2/2004, whereby the Industrial Tribunal has directed reinstatement of the respondent with full back wages. Initially a reference was made with respect to two persons namely Ramesh & Shyam Lal. Shyam Lal had abandoned his claim before the Industrial Tribunal itself and accordingly the award of the Industrial Tribunal is with regard to Ramesh only.

(2.) It was the case of the respondent that he was engaged by the petitioner for doing perennial nature of work. The petitioner has indulged in unfair labour practices and after his termination engaged fresh hands apart from retaining juniors in the service. The juniors who have been named by the respondent were Umesh, Deena Bandhu, Montu, Barsati Lal and Keshav. In other words, it was the case of the respondent that the action of the petitioner is in violation of Section 2(ra) and Section 25-G and 25-H of the Industrial Disputes Act, 1947 ('Act' in short) and Rules 76 & 77 of the Industrial Disputes (Central) Rules, 1957 ('Rules' in short).

(3.) The petitioner was proceeded ex-parte. Based on the evidence filed by the respondent, the Industrial Tribunal allowed the claim in the manner it is reflected above. It is the case of the petitioner that no effective service was made upon it. In other words, it is the case that the petitioner was not aware of the proceedings pending before the Industrial Tribunal.