DISTRICT RED CROSS SOCIETY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) District fled Cross Society, Ambala City (Management) has filed the instant Letters Patent Appeal against the order dated 7.4.2014 passed by the learned Single Judge, whereby the writ petition (CWP No. 3913 of 2012) filed by the appellant - Management challenging the Award dated 17.8.2011 (Annexure P-4) passed by the Labour Court, Ambala, has been dismissed. Though there is a delay of 30 days in filing the appeal and the appellant has filed application (CM No. 2719-LPA of 2014) for condoning the delay, yet we have heard learned counsel for the appellant on merits, and gone through the order, passed by the learned Single Judge as well as the Award passed by the Labour Court.

(2.) Vide the said award dated 17.8.2011, the Labour Court, while coming to the conclusion that services of the workman (respondent No. 2 herein) were illegally terminated, ordered to re-instate him with continuity and 50% of the back-wages.

(3.) The respondent-workman is a physically handicapped person. He was appointed as Helping Clerk with the appellant - Management on 15.11.2002 and he continued as such till 17.2.2008, when his services were illegally terminated in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act'). He raised an industrial dispute, which was referred to the Labour Court. The Labour Court answered the reference in favour of the respondent-workman, and after recording a finding that he had continuously worked for more than 240 days in one calendar year, so the provisions of Section 25-F of the Act were required to be complied with before terminating the services of the workman, but concededly there was no such compliance. After coming to the said conclusion, the respondent - workman was ordered to be re-instated in service with continuity and 50% of the back-wages.