DIVISIONAL FOREST OFFICER, BHIWANI Vs. RAJBIR

JUDGEMENT

(1.) The challenge in the present writ petition is to the Award of the Labour Court dated 17.05.2006 (Annexure P-1), whereby an Industrial Dispute raised by respondent No.1 (hereinafter referred to as "the workman") was answered in favour of the workman and the workman has been ordered to be reinstated in service with continuity of service and also 50% back wages from the date of demand notice on account of violation of Section 25-F of Industrial Disputes Act, 1947 (for short 'the Act').

(2.) It is the case of the workman that he was engaged as a Beldar-cum-Mali on 01.02.1991 and continuously worked upto 20.10.1995. However, his services have been terminated on 21.10.1995 without payment of retrenchment compensation or any notice or notice pay. It is alleged that C.W.P. No.13262 of 2008 -2- the Management has retained juniors and thus, there is violation of Sections 25-G and 25-H of the Act.

(3.) On behalf of the petitioner-Management, it was pointed out that the petitioner has worked from July, 1991 to September, 1995 on daily wages with heavy breaks. But, he has not completed 240 days in a calendar year. It was alleged that the workman left job at his own and that his services were not terminated. It was also pleaded that no junior person has been retained. Therefore, the workman is not entitled to be reinstated.