STATE OF M.P. Vs. BABULAL

JUDGEMENT

(1.) Having heard the learned counsel for the petitioner and having perused the record of the case, I find no substance in the writ and hence i: merits dismissal in limine.

(2.) It is a writ under Art. 227 of Constitution of India. It is filed by State to challenge an award passed by Labour Court dated 17.5.2002 (Annexure P-1; whereby the Labour Court was pleased to answer the reference made to it to decide the legality of the termination order relating to respondent in respondent's favour. In terms of an award, the termination of respondent is held to be bad and he is directed to be reinstated in service together with payment of 50% wages as arrears.

(3.) I find no case to interfere in the impugned award for two reasons Firstly, the finding recorded by the Labour Court that respondent was working continuously in services for more than 240 days in one calendar year and that too for last several years is based on facts and evidence. It can not be disturbed in writ jurisdiction it being a finding of fact. Secondly, the termination was based or no enquiry, nor any charge was levelled against the respondent either before termination or before the Labour Court while defending the termination order. It then becomes a case of illegal retrenchment for the simple reason that every termination if not based on misconduct i.e. if it is not by way of punishment then it amounts to a case of illegal retrenchment. It is not the case of petitioner (employer) that procedure prescribed under section 25 (ff.) of I.D. Act was followed before terminating the services of respondent.