GOODYEAR INDIA LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS writ petition is filed to quash the award passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Gurgaon, dated August 18,1992.

(2.) THE first respondent, Vijay Kumar, was appointed as a casual clerk by an order dated April 2,1985, with effect from April 3, 1985 to May 2,1985. On the expiry of that period, a fresh order of appointment was given and his services have been extended from May 3,1985 to July 2,1985. Another extension was given to him from July 3, 1985 to September 2, 1985. Again, the services of the first respondent were extended from September 3, 1985 to November 2, 1985, and lastly his services were extended from November 3,1985 to December 28,1985. According to the petitioner, on the expiry of the last extension given on November 3, 1985, his termination automatically became effective and the services of the first respondent accordingly came to an end that the first respondent received his emoluments due to him on january 13,1986. Subsequently, the first respondent raised a dispute that his services have been wrongfully terminated and a demand notice was issued on June 3, 1986. The petitioner submitted its reply on June 14,1986. The matter was referred to the presiding Officer, Labour Court, Faridabad, for adjudication. It appears that the matter was transferred to the Industrial Tribunal-cum-Labour Court, Gurgaon. The presiding Officer of the Industrial Tribunal by the impugned order dated August 18, 1992, allowed the reference and held that the services of the first respondent were terminated without complying with the mandatory provisions of Section 25-F of the industrial Disputes Act and consequently ordered his reinstatement with continuity of service and full back-wages.

(3.) AGGRIEVED by the said order of the Industrial Tribunal, Gurgaon, the petitioner filed this writ petition to quash the said award.