BOARD OF SECONDARY EDUCATION Vs. RAJESH NEMA

JUDGEMENT

(1.) Shri Naman Nagrath, learned Counsel for the petitioner. Shri Anup Shrivastava, learned Counsel for the respondent.

(2.) Challenge put forth in this petition is to an award dated 26.5.2004; whereby. Labour Court No. 1, Bhopal, has directed reinstatement of respondent/ employee without any back-wages.

(3.) The order of reinstatement is on the finding that, the respondent/workman has though rendered his services for a period of 240 calendar days preceding his termination and no retrenchment compensation has been paid to him. Accordingly, the termination has been held to be illegal. The petitioner questions the award on the ground that the petitioner is not an industry and the respondent No. 1 cannot be held to be a workman.