STATE OF HARYANA Vs. HARI PAL AND ANOTHER

JUDGEMENT

(1.) The present writ petition is directed against the award dated 2.4.1993 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak vide which respondent no.1 has been held to be entitled to reinstatement with continuity of service and full back wages.

(2.) The legal issue which arises for consideration is that a person who was appointed against leave vacancy and his service were terminated on joining of regular employee against whom he was appointed would be entitled for reinstatement on the ground that he had worked 240 days and, therefore, whether the procedure under Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") had to be followed or not.

(3.) Section 2(oo) (bb) of the Act provides that where service of a workman as a result of the renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf would not amount to retrenchment.