RAM SINGH Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the portion of the award of the labour court dated 23.04.1998 (Annexure P-1) to the extent of "without benefit of continuity of service and without back wages". Petitioner was appointed as a daily wager labourer in the year 1982. His services were terminated in the month of December, 1992. Labour court has decided the reference to the extent that there is violation of provisions of the Industrial Disputes Act, 1947 insofar as termination is concerned. However, for no reason benefit of continuity of service as well as back wages have been denied. Hence the present petition.

(2.) Learned counsel for the petitioner submitted that once labour court held that there is violation of provision 25(g) of the Industrial Disputes Act, 1947, there is no reasons so as to deny the benefit of continuity of service as well as back wages. Thus, labour court has erred in not extending the aforesaid benefits.

(3.) Per contra, learned counsel for the respondent submitted that during the intervening period from 1982 to 1992 petitioner's services were terminated on two occasions. On the first occasion due to compromise he was taken back to duty. Thereafter he was once again terminated in the month of December, 1992. Having regard to these factual aspects labour court refused to extend the benefit of continuity of service and so also back wages. Therefore, there is no infirmity in the award passed by the labour court dated 204.1998.