STATE OF HARYANA Vs. RAGHBIR SINGH

JUDGEMENT

(1.) The petitioner is aggrieved by the Award (Annexure P-7) dated 25.09.1998 passed by the Labour Court, Ambala. The respondent-workman claimed the reference under the provisions of Section 10(1)(c) of the Industrial Disputes Act (hereinafter called the 'Act') which was to the following effect:

(2.) He had set up a case that he was employed as Clerk on daily wage basis on 23.04.1985 and his services were terminated erroneously on 30.11.1987 without complying with the provisions of the Act. In the claim statement, he initially pleaded that there was violation of provisions of Section 25(F) & 25(H) of the Act. Subsequently, in the demand notice, he took up the plea that there was violation of Section 25(N) of the Act and thus, pleaded that his termination be set aside. The stand of the petitioner was that the respondent-workman was employed as 'clerk' on daily wage basis and his services were terminated after giving him proper notice and after complying with the provisions of Section 25(F) of the Act. The Labour Court dismissed the reference initially vide its award dated 28.07.1994 against which the petitioner went up in civil writ petition No.9233 of 1995. A plea was raised that the labour court' had gone wrong as the issue of violation of Section 25(N) of the Act had not been answered.

(3.) It is pertinent to mention here that the labour court had dismissed the reference by holding that there was compliance of provisions of Section 25(N) of the Act.