STATE OF HARYANA Vs. MUBARAK HUSSAIN AND ORS.

JUDGEMENT

(1.) This petition has been filed by the State of Haryana seeking to challenge the award passed by the Labour Court, Gurgaon whereby the workman has been ordered to be reinstated with full back wages.

(2.) Perusal of the award shows that the workman had claimed that he was appointed with effect from 1.12.1992 and his services were illegally terminated on 30.9.1993. He had rendered duty continuously with notional breaks and his last drawn wages were Rs. 1053/- per month. He has further stated that provisions of Section 25-F were not complied with while terminating his services. The management did not care to file a written statement although many opportunities were given for the purpose. The workman appeared as a witness in support of his case and also examined one K.C. Bansal, SDO Public Health as WW-2. The witness K.C. Bansal has deposed with reference to the muster roll and admitted that workman had rendered duty from 1.12.1992 to 30.9.1993 which comes to a total of 260 days. Consequently, the Labour Court has returned a finding of fact that the services of the workman have been illegally terminated.

(3.) Mr. Sharma submitted that the Labour Court has given an award against the pleaded cases of the workman. According to the learned Counsel if the pleaded case of the workman had been taken into consideration, it would be found that the workman had not put in 240 days continuous service in the year preceding the termination of his services.