LAWS(P&H)-2006-9-316

EXECUTIVE ENGINEER, WATER SERVICES DIVISION, BHIWANI Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ROHTAK

Decided On September 01, 2006
EXECUTIVE ENGINEER, WATER SERVICES DIVISION, BHIWANI Appellant
V/S
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ROHTAK Respondents

JUDGEMENT

(1.) The petitioner-department is aggrieved with the award dated 1.3.2006 passed by the Labour Court. Vide the impugned award the Labour Court concluded that the services of respondent No. 2 workman were terminated in gross violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short the Act). It accordingly ordered reinstatement of respondent No. 2 with continuity of service and 50% back wages.

(2.) We have heard learned Deputy Advocate General, Haryana and have gone through the paper book as also the impugned award.

(3.) The grouse of the petitioner-department is that the Labour Court has erred in concluding that the workman had worked with the department for more than 240 days, whereas the position is otherwise. The workman had worked for only 161 days with the petitioner-department during the period 1995 to 1998. Thus, there is no violation of any provisions of the Act.