ENGINEERING AND ANCILLIARY MANUFACTURES Vs. SALIM KHAN

JUDGEMENT

(1.) THE petitioner-employer is aggrieved by the (Award dated 30/09/1995 in Reference (IDA) No. 655 of 1989 passed by the Labour Court granting the relief to the respondent of rein-statement with full backwages and continuity of service w. e. f. 20-11-1988.

(2.) IT was the case of the respondent workman before the Labour Court that he was in the employment of the petitioner in the Tool Room Department doing-the work of Metal Sheet Die moulding from January 1987.

(3.) BY an order dated 20-11-1988 the respondent was terminated from employment with immediate effect. Aggrieved by the said Order of re trenchment he raised an Industrial Dispute under section 10 (1) read with section 12 of the Industrial Disputes Act, 1947 challenging the propriety and illegality of the order of the retrenchment and claiming the relief of reinstatement with full backwages and continuity of service. The said Industrial Dispute was referred by the State Government for adjudication to the 5th Labour Court. The workman filed his statement of claim in justification of his case that the Order of retrenchment was illegal and improper on the grounds that there was violation of section 25f and sec tion 25g of the Act as no retrenchment compensation was tendered to (him along with order of retrenchment and that seniority list was not displayed under Rule 81 framed under the Act. He further contended that the act of termination was not bona fide as he wanted confirmation in service but instead of confirming him he was terminated from employment. He further contended that he was also doing the work of Plastic moulding and therefore, he was employed by the petitioner. He also challenged the order of retrenchment on the ground that there was no notice of change given by the petitioner as contemplated under section 9 A of the Act.