ADMINISTRATIVE OFFICER Vs. NAVAB SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the award dated 11-10-2017 passed by Labour Court-1, Gwalior in COC-15/A/I.D.Act/2017 (Ref), by which the petitioners have been directed to reinstate the respondent without back wages.

(2.) The necessary facts for the disposal of the present petition in short are that the respondent had filed a statement of claim, pleading that he was appointed on the post of Driver on 28-6-2006 and had worked sincerely and when the respondent prayed for his classification, and it was assured that he would be classified on the post of driver. Although the respondent had worked for more than 10 years in the Corporation, but without issuing any notice, his services were terminated on 5-7-2016. No notice was given. The retrenchment compensation was also not paid. No opportunity of hearing was given. No departmental enquiry was conducted. Employees who are junior to the respondent are still working in the Corporation. The provisions of Section 25(F),(G),(H) of Industrial Disputes Act, have not been followed. The respondent has worked for more than 240 days in a calendar year.

(3.) The petitioners filed response and disputed the claim. Except, denying the claim, no reply was given by the petitioners.