DIRECTOR, CENTRAL SHEEP BREEDING FARM, HISAR Vs. PRESIDENT, DISTRICT AGRICULTURE WORKERS UNION, HISAR AND ANOTHER

JUDGEMENT

(1.) The present writ petition has been preferred by the Director, Central Sheep Breeding Farm, Hisar, challenging the award dated 27.3.2006 (Annexure P4) whereby workmen represented by the President, District Agriculture Workers Union, Hisar, Street No. 5, House No. 123, Jawahar Nagar, Hisar, have been ordered to be reinstated in service for violation of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act") without any entitlement to the back wages.

(2.) Briefly stated that services of the workmen as per the service chart attached as Annexure P1 pertaining to case ID No. 67 of 1992 were terminated w.e.f. 1.2.1983. The Central Government on 29.6.1992 referred the following dispute to Labour Court :-

(3.) It was stated by the Union of the workers in Claim Statement (Annexure P2 that 137 workmen were appointed by verbal order on different times. They had rendered service for more than 240 days in each preceding 12 months and their services were terminated on 1.2.1983 in violation of provisions of Section 25-F of the Act. In para 4, it was specifically stated that from the beginning w.e.f. 1.2.1983 the Union has been raising this dispute persistently before the respondents and there was no fault on the part of workers in causing delay. It was further stated that the Union had served demand notice on 13.12.1988 under Section 2K of the Act. It was further stated that the workmen are entitled to be regularised w.e.f. 1.4.1988 as had their services been not terminated they would have been regularised with other workers who continued in service and were regularised w.e.f. 1.4.1988 as per orders of Hon'ble the Supreme Court. Therefore, termination by the Management w.e.f. 1.2.1983 is illegal and against the rules of law.