D D A Vs. MAHABIR SINGH

JUDGEMENT

(1.) By way of the present writ petition, the petitioner/ management has assailed the award dated 17.5.2002 passed by the Labour Court in I.D. No. 581/1994 (Old No.59/1991), whereunder the respondent/workman was held to be entitled to reinstatement with all consequential benefits as regards regularization of his services if admissible to him under the rules, but without back wages.

(2.) In a nutshell, the facts of the case are that a reference was made by the appropriate Government on 21.12.1990 to the Labour Court for adjudication in the following terms :

(3.) The respondent/workman filed his statement of claim in April, 1991 claiming to have joined the employment of the petitioner/management as Mason w.e.f. 20th August, 1985. It was stated that the petitioner/management abruptly terminated his services w.e.f.20th October, 1986 on his demand of being made a regular employee and being given all the benefits under the law. It was stated that his services were terminated by the petitioner/management without following the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act'), and as such, the action was unjustified. It was also averred that the petitioner/management had reinstated many other Masons but failed to do so in the case of the respondent/workman.