(1.) This writ petition is filed by the employer challenging the award of the Labour Court, dated September 21, 1999 (copy Annexure P3) vide which respondent No. 1, was ordered to be reinstated in service, however, without back wages.
(2.) Learned counsel for the petitioner has argued that the Labour Court has erred in holding that respondent No. 1 has completed 240 days of his service. He has also argued that respondent No. 1 is a back-door entrant and therefore, is not entitled to the protection under the Industrial Disputes Act (hereinafter referred to as the Act).
(3.) So far as the question of working for 240 days is concerned the Labour Court found that the muster-roll qua the crucial period was not produced and except that period, the working days were admittedly 213 and considering the working days for the period for which the muster-roll was not produced, the total number of working days came to be 274. It has been observed by the Labour Court as under: