CHAIRMAN - CUM - MANAGING DIRECTOR Vs. MAGAN & OTHERS

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this writ petition under Art. 227 of the Constitution of India, the employer has challenged the award of Labour court Dhar dated 10/5/2010 directing reinstatement of respondent without back-wages.

(3.) The Dy. Labour Commissioner under Sec. 10(1) of Industrial Disputes Act, 1947 had referred the dispute relating to illegal retrenchment of respondents to the labour court and the respondents had filed the claim with the plea that they were appointed as line helper and their services were terminated without assigning any reason, without conducting any enquiry or issuing any charge sheet or show cause notice on 16/6/95. It was further pleaded that each of respondents had worked on vacant post for more than 240 days in the preceding year and respondents were also not paid any retrenchment compensation and after terminating the services of respondents several other employees were recruited. Hence the reinstatement with back-wages was prayed.