(1.) The present writ petition has been filed by the workman wherein, he has laid challenge to the award dated 20.02.2009 (Annexure P- 1) passed by the Labour Court, Gurgaon which in a totally arbitrary manner without taking into account the fact that the workman had been employed for over a period of 12 years has declined the reference and held that the workman is not entitled to any relief.
(2.) From the paper book, it transpires that the workman was appointed on 01.06.1992 as a Beldar on a monthly salary of Rs. 2,224/- and was paid the same against muster roll and some times against the bill. On the complaint being made on 21.04.2004 and on account of non-payment of minimum wages to the Labour-cum-Conciliation Officer, Rewari, the arrears were paid to him but thereafter, his services were terminated wrongly on 09.08.2004 without payment of retrenchment compensation, notice and notice pay. Juniors namely Sunil Kumar and Rajinder etc. were regularised ignoring his claim. The said persons had preferred references in the Labour Court against their termination. Accordingly, reinstatement was prayed for in the claim petition, which was instituted on 14.10.2004.
(3.) In the written statement, the State took the plea that the workman had reported for duty for doing seasonal work and he left working on his own free will and he had not rendered 240 days continuous service in the last 12 months. On the basis of the pleadings, following issues were framed by the Labour Court:-