THE EXECUTIVE ENGINEER Vs. MOHANDAS CHINTAMAN SOMKUNWAR

JUDGEMENT

(1.) By this writ petition the petitioner challenges the award dated 19.04.2005 passed by the Labour Court answering the reference in affirmative and declaring that the petitioner had terminated the services of the respondent illegally. A direction for reinstatement without back wages was given.

(2.) It is the case of the respondent that he was in service with the Public Works Department, Wardha as a labourer from 22.01.1984. His services were dispensed with on 21.04.1986 without any valid reason. In the year 1997 after giving approach notice a reference was made by the appropriate government to the Labour Court under Section 10 read with Section 12 of the Industrial Disputes Act, 1947 (for short the said Act). In the statement of claim it was stated that there was violation of provisions of Section 25F of the said Act and that two juniors had been retained in service, after services of the respondent had been dispensed with.

(3.) The petitioner filed its reply and denied that the order of termination was illegal. It was stated that the approach notice had been given after more than 11 years in 1997 and hence, there was delay in that regard. It was also stated that the records were not retained beyond period of five years and hence, claim of the respondent could not be verified.