LAWS(P&H)-2006-11-128

MAHARAJA AGARSAIN INSTITITE OF MEDICAL RESEARSH AND EDUCATION, AGROHA Vs. P O, INDUSTRIAL TRIBUNAL CUM LABOUR COURT

Decided On November 30, 2006
Maharaja Agarsain Institite Of Medical Researsh And Education, Agroha Appellant
V/S
P O, Industrial Tribunal Cum Labour Court Respondents

JUDGEMENT

(1.) THE services of respondent No.2 -workman were terminated on 25 December 1998, as a result thereof an industrial dispute was raised by him seeking his reinstatement with all consequential benefits. His stand was that his services were terminated by the petitioner -management without complying with the provisions of the Industrial Disputes Act, 1947 (for short the Act).

(2.) THE dispute was contested by the petitioner - management on the ground that the services of the respondent were terminated on account of stoppage of grant -in -aid by the State Government, after offering retrenchment compensation. It was also pleaded that the respondent never ever completed 240 days in any calendar year.

(3.) THEREAFTER , the Labour Court after conclusion of proceedings, held that the services of the respondent - workman were terminated by the petitioner - management in violation of provisions of S. 25F of the Act. Accordingly, it set aside the termination of the services of the workman and ordered his reinstatement with continuity of service and all consequential service benefits with 50 Per cent back - wages.