RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner who was appointed as a Helper on daily wages with the Haryana Roadways on October 22, 1992, is aggrieved by the order dated July 31, 1993, by which his services were terminated. The petitioner alleges that the termination was violative of the provisions of Section 25 -F of the Industrial Disputes Act and that he is entitled to be reinstated with full back wages. It has been further alleged that persons junior to him were allowed to continue in service and certain persons had been appointed after his services were terminated without giving him an opportunity to work on the post.

(2.) IN the written statement filed on the behalf of the respondents, it has been admitted that the petitioner had completed 241 day service on the date his service were terminated. However, the petition is still resisted on the ground that the petitioner has an effective alternative remedy before the Labour Court.

(3.) MR . Jaswant Singh appearing for the respondents contests this position. He submits that if the petitioner is relegated to the alternative remedy before the Labour Court, the respondents shall be able to lead evidence to show that he was gainfully employed and that he is not entitled to be reinstated.