GENERAL SECRETARY Vs. THE ASSISTANT DIRECTOR, WORLD FOOD PROGRAMME PROJECT, FOREST DEPARTMENT AND 5 OTHERS

JUDGEMENT

(1.) These two writ petitions are directed against the award dated 25.4.2001 passed by learned Industrial Tribunal cum Labour Court, Udaipur (in short the Labour Court).

(2.) Reference on an industrial dispute was made to learned Labour Court by the appropriate Government by notification dated 20.10.1993 on the question whether the removal of workman Laxman Singh by Assistant Director, World Food Programme Project by order dated 12.5.1991 was legal and justified and if not what relief the workman was entitled to.

(3.) The case set up by the workman before the Labour Court was that he was appointed by the management on the post of Chowkidar vide order dated 1.9.1988 and was posted on distribution centre at Govardhan Vilas, .Udaipur @ of Rs. 14/- per day. He worked with the management from 1.9.1988 to 12.5.1991 and completed 240 days in the service in the calendar year immediately preceding the date of his retrenchment. The management did not serve upon him notice as required under section 25F of the Industrial Disputes Act, 1947 (in shot the Act) nor did they pay to him notice pay or compensation on his retrenchment in compliance of the said provision. The management even adopted unfair labour practice and engaged him sometime by the name of some other person. It was, therefore, prayed that his retrenchment be declared illegal and he be held entitled to reinstatement and continue in service.