SEHDEO KASHYAP Vs. ANIL ELECTRIC COMPANY

JUDGEMENT

(1.) By way of the present petition, the petitioner (hereinafter referred to as "workman") challenges the impugned award dated 7th May, 2008, to the limited extent whereby the Industrial Adjudicator has declined grant of back wages although directing reinstatement with continuity of service and other consequential benefits.

(2.) The facts as are necessary for the determination of the short question in the present writ petition are adumbrated as follows :-

(3.) The Industrial Adjudicator after considering the uncontroverted testimony as well as the submissions made on behalf of the workman came to the conclusion that the workman was employed with the Management from the year 1978 and thereby worked for more than 240 days prior to the date of his termination. For the aforesaid reasons based on the material on record the Industrial Adjudicator answered the reference by directing reinstatement with continuity of service of workman in view of non-compliance with the provisions of Section 25F of the Industrial Disputes Act on the part of the Management.