RAM KISHAN Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the award passed by the Labour Court dated 27.8.2010 (Annexure P-4).

(2.) Petitioner's services were engaged on daily wage basis in the respondent-Forest Department in the month of March 1991 and in the capacity of daily wager he has worked up to 31.03.2003. He has raised a demand notice on 31.12005. Consequently, Reference was decided by the Labour Court on 27.8.2010 holding that even though there is a violation of Section 25-F of the Industrial Disputes Act, 1947 (in short 'Act 1947') insofar as termination is concerned, it was ordered that petitioner is entitled to compensation of Rs. 45,000/-. Hence, the present petition.

(3.) Learned counsel for the petitioner vehemently contended that Labour Court has held that there is a violation of Section 25-F of Act, 1947, consequently, petitioner is entitled to reinstatement with continuity of service and back wages. It was also submitted that having regard to the length of service rendered by the petitioner from 1991 to 2003, he is entitled to reinstatement.