HARYANA RAJYA BAL BHAWAN, CHANDIGARH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ROHTAK AND OTHERS

JUDGEMENT

(1.) In the present writ petition, challenge is to the award dated 2.4.1993 (Annexure P-8) passed by the Industrial Tribunal- cum-Labour Court, Rohtak vide which the reference was answered in favour of the workman holding her entitled to reinstatement in service with continuity thereof and full back wages.

(2.) Learned counsel for the petitioner contends that the workman was appointed as Caretaker under the Juvenile Justice Act Scheme at a consolidated salary of Rs. 900/- per month and was posted at Haryana Rajya Bal Bhawan, Madhuban, (Karnal), vide appointment letter dated 26.4.1991 (Annexure P-1). He contends that since no child was admitted in the Juvenile Home since its inception, it was not found viable to pay salary to the staff without any work. Accordingly, vide order dated 9.1.2002 (Annexure P-2) the services of respondent No.3 were terminated as per her terms of appointment with immediate effect. On this basis, counsel contends that the termination of the workman was in consonance with Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) which would not attract the provisions of Section 25-F of the Act as it was not a retrenchment as defined under Section 2(oo) of the Act.

(3.) On the other hand, learned counsel for the respondent-workman submits that undisputedly the workman had completed more than 240 days of service with the petitioner-Management and since she had, under Section 25-B of the Act, worked with the respondents for one year, the provisions of Section 25-F having not been complied with, she would be entitled to the benefits as have been granted by the Labour Court vide the impugned award dated 2.4.1993. He further submits that the Scheme under which the workman was appointed had not come to an end and as per the appointment letter, her services could only be terminated in case the Scheme had come to an end. He, therefore, supports the award passed by the Labour Court.