JAIBIR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for modifying the award dtd. 14/10/2011 (Annexure P/4) passed by Industrial Tribunal- cum-Labour Court, Hisar (for short, "learned Tribunal"), whereby petitioner was ordered to be reinstated, but the relief of continuity of service has been denied to him.

(2.) Facts relevant for the purpose of decision of this writ petition; that the petitioner-workman joined the service of the respondent- Management on 16/6/1996 and continued upto 31/5/2001. His services were verbally terminated on 1/6/2001 without issuing any show cause notice or payment of retrenchment compensation, in violation of Ss. 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (for short "the Act"). The petitioner raised an industrial dispute and the matter was referred to learned Tribunal.

(3.) The respondent-Management had taken the plea that the petitioner does not come under the definition of "workman" as laid down under Sec. 2(s) of the Act and he had worked upo 20/2/1998 and not upto 31/5/2001 as claimed by him. More so, the petitioner had not completed 240 days in the preceding calendar year so as to claim benefit under Sec. 25-F of the Act and prayed that the claim raised by the workman be declined.