KAWADU Vs. DEPUTY CONSERVATOR OF FOREST

JUDGEMENT

(1.) Heard submissions at the Bar.

(2.) Petitioner (Original Complainant) has prayed to quash and set aside the Order, dt.17.11.2003 passed by the Industrial Court, Yavatmal in Revision U.L.P. No.114 of 1999, which was allowed setting aside the Judgment and Order, dt.26.4.1995 passed in Complaint U.L.P. No.341 of 1994 by the Labour Court at Yavatmal. The petitioner has prayed for his reinstatement and continuity of service with full back wages. According to the petitioner/Complainant, he had filed the Complaint under Section 28, Item No.la, b & d of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 against the respondent for reinstatement with continuity of service and full back wages. The Complainant was working with the respondent with effect from 9.4.1984 at Umari Timber Depot. He was taking measurement of woods, giving numbers and maintaining the record. He was earning Rs.20.90 per day and was given one day break per 29 days by deducting wages of Sunday. The Complainant, however, states that, barring Diwali holidays during the period of 18.10.1990 to 21.10.1990, he was in uninterrupted service from 1.4.1984 till 3.1.1991. On 4.1.1991, petitioner's services were terminated. The respondent, despite written representation, refused to reinstate him.

(3.) No prior notice was given as provided by Section 25 F of the Industrial Disputes Act, 1947 while the respondent had retained services of Raju Shetty, Ramesh Misal, Sunil Erdele, who were juniors to the petitioner. The respondent, thus, violated the provisions of Section 25 G of the Industrial Disputes Act.