PRAMOD SINGH Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) By this petition the petitioner has prayed for quashing of award dated 16.12.2003, passed in Case No.12/96/ID Act Reference, by the Presiding Officer, Labour Court, Bhopal to the extent he has been denied the back wages.

(2.) The case of petitioner before the Labour Court was that he worked continuously with respondent nos. 1 and 2 on the post of Driver from 1.2.1982 up to 30.9.1992 on which date his services were terminated without assigning any reason and holding enquiry. The petitioner also averred that respondent nos. 1 and 2 did not comply with the mandatory provisions contained in section 25F of the Industrial Disputes Act. Respondent nos. 1 and 2 denied the claim of petitioner and pleaded that he himself stopped coming for work from September 1992.

(3.) The Labour Court after appreciating the evidence held that the petitioner had worked for more than 240 days in the calendar year preceding the termination of his service and that his service was terminated without complying with the mandatory provisions contained in section 25F of the Industrial Disputes Act. The Labour Court, therefore, passed an award for his re-instatement but without back wages.