DEEPAK KUMAR GAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a Letters Patent Appeal filed under Clause X of the Latters Patent, directed against the judgment of the learned single Judge, dated April 28, 2009, whereby Civil Writ Petition No. 5731/2009 filed by the State of Haryana, i.e., Respondent No. 1 herein, was allowed.

(2.) The brief narration of the facts giving rise to the present appeal is that the State of Haryana filed the above-referred writ petition under Articles 226/227 of the Constitution of India challenging the award dated October 22, 1998 (Annexure P-1) passed by the Industrial Tribunal-cum-Labour Court, Gurgaon (hereinafter referred to as 'the Labour Court'). The Labour Court recorded a finding that the workman-Deepak Kumar (Appellant herein) had completed more than 240 days in the 12 preceding months from the date of his termination, and his services had been terminated without complying with the provisions of the Industrial Disputes Act, 1947 (for brevity 'the Act'). It was further held that the termination of the services of the workman could not be held to be under the terms of his appointment. The workman on the basis of these facts had been re-instated with continuity of service with full back wages.

(3.) Hon'ble Single Judge, while deciding the writ petition, has placed reliance on condition No. 2 of the appointment letter dated June 18, 1981, which was Exhibit M-1 (before the Labour Court), reads as follows: