INDUSTRIAL ANCILLARIES PVT LTD Vs. ROOP CHAND

JUDGEMENT

(1.) THIS writ petition is filed to quash the award of the Labour Court, Faridabad, vide Annexure P-6 dated 19. 2. 1986.

(2.) ACCORDING to the petitioner, the Ist. respondent was appointed as a Helper in the petitioner industrial unit on 1. 8. 1981 for a period of three months. After the expiry of three months the services of the Ist respondent were further extended and his services were finally terminated on 30. 10. 1981. On settling his dues, the Ist respondents received all his dues as full and final settlement on 8. 11. 1981. Thereafter the demand notice dated 26. 11. 1981 was served on the petitioner with a copy to the Labour-cum-Conciliation Officer, Faridabad, who after recording the statements of the petitioner and the workman (respondent No. 1) sent the case to the Government for making a reference to the Labour Court, and the Government of Haryana by its letter No. ID/fd/19/82/18327-30 dated 16. 4. 1982 refused to make any reference of the industrial dispute and informed the Ist respondent as well as the petitioner that since the appointment of the Ist respondent was on adhoc basis and his services have been terminated as per terms and conditions of the appointment letter, there was no case for making a reference to the Industrial Tribunal. Thereafter the Ist respondent made a representation to the State of Haryana. That was also rejected by the State of Haryana vide Annexure P-5 dated 24. 8. 1982. Thereafter the Ist respondent again made a representation on which the State Government made a Reference No. 374 of 1984 referring the dispute regarding the termination of services of the Ist respondent for adjudication to the Labour Court. The Labour Court entertained the reference and by the impugned award dated 19. 2. 1986 allowed the reference holding that the termination of services of the Ist respondent was illegal and unjustified and directed the workman to be reinstated with continuity of service with full back wages.

(3.) CHALLENGING the said award, the petitioner filed the above writ petition.