SARISKA TIGER PROJECT Vs. MADAN LAL GURJAR

JUDGEMENT

(1.) This appeal is filed by the State challenging the order of the learned Single Judge dtd. 15/02/2021. The brief facts are that the respondent-workman was engaged by the petitioner with effect from 01/01/1997. According to him he was illegally terminated without following any procedure laid down in the Industrial Disputes Act, 1947 (for short, the ..Act of 1947..) on 31/05/1999. He sought a reference and raised an industrial dispute against the alleged illegal termination. Labor Court accepted the version of the workman that he worked continuous for 240 days in one calendar year before termination and the requirements of Sec. 25F of the Act of 1947 were not followed. The labour court also noted that the employer had not produced the seniority list, thereby implying that even Sec. 25G of the Act of 1947 was breached. The contention of the employer that the petitioner was not terminated but that he voluntarily stopped coming to the work and thereby abandoned the work was not believed in absence of any evidence produced by the employer. Essentially the termination was set-aside holding that the same was in breach of Ss. 25F, 25G and 25H of the Act of 1947. Resultantly, the directions were given for reinstatement of the workman with 25% back wages.

(2.) The employer appellants challenged the said award of the labor court before the High Court. Learned Single Judge dismissed the writ petition upon which this special appeal is filed.

(3.) Learned counsel for the appellants mainly raised two contentions:-