STATE OF M P Vs. GHASILAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India by the State Government (hereinafter shall be referred to as "Management") is directed against the Award dated 15/10/2008 passed by Labour Court No. 3, Gwalior, Camp at Guna in Case No. 1/A/ID Act/05/Reference.

(2.) The appropriate Government on dispute being raised against termination of employment and failure of conciliation has made reference to the Labour Court in respect of respondent No. 1 (hereinafter referred to as "Workman"), as under: - ...[VERNACULAR TEXT COMITTED]...

(3.) Workman filed statement of claim inter alia contending that he had been serving since 8/8/1988 as Labour to the utmost satisfaction of his superiors. On fateful day of 31st December, 1989, he had fallen from a 15 ft. wall and had broken his backbone and therefore, had become handicapped. Management by serving notice dated 7/7/2001 terminated his employment. The Workman had approached the Labour Court against termination and on 6/8/2001, the Labour Court had granted interim relief as a result, the Workman continued in the service of Management. Suddenly, on 21/5/2002, again Workman's services were terminated without any notice, opportunity or order. The termination in fact and in effect was retrenchment as was not as a result of any disciplinary action. Since Management did not comply with condition precedent for retrenchment as contemplated under Section 25 -N of the Industrial Dispute Act, 1947, the retrenchment was illegal. With aforesaid pleadings, the Workman prayed for reinstatement with back wages.