STATE OF HARYANA Vs. MANI RAM

JUDGEMENT

(1.) This writ petition is filed by the employer challenging the award of the Labour Court dated October 27, 1998, copy annexure P/6 vide which respondent No. 1 was ordered to be reinstated in service with continuity thereof and 25% back wages.

(2.) We have heard the learned counsel for the petitioner.

(3.) The Labour Court has held that the termination of the service of respondent is against the provisions of Section 25-G of the Industrial Disputes Act (hereinafter referred to as "the Act"). The Labour Court has held that the principle of "last come first go" has been violated when persons junior to the respondent were retained and the respondent was terminated. The Labour Court has also observed that the respondent had categorically stated that certain persons junior to him were retained in service at the time of termination and he has not been cross-examined on this point.