ASSTT. ENGINEER Vs. MANOHAR LAL

JUDGEMENT

(1.) BY this petition for writ a challenge is given to the award dt. 22.06.2001 passed by the Labour Court Jodhpur in Industrial Dispute Case No. 97/97 (Sh. Manohar Lal vs. Asstt. Engineer PWD Sub -Division -Sojat City). The appropriate Government under its notification dt. 01.03.1997 referred an industrial dispute for its adjudication to the Labour Court, Jodhpur in the terms as to whether termination of workman Sh. Manohar Lal S/o. Sh. Devdas by his employer Assistant Engineer, PWD, Sub -Division Sojat and Executive Engineer, PWD, Sojat City w.e.f. the month of August 1990, is valid and proper? It (sic) then for what relief the workman is entitled?

(2.) BY the award impugned while answering the reference Labour Court held that the termination of the workman Sh. Manohar Lal by the employer amounts retrenchment as do fined under Sec. 2(oo) of the Industrial Disputes Act, 1947 and that was effected without adhering mandatory conditions precedent to do so as such the same was declared illegal. Learned Labour Court ordered for reinstatement of the workman in service with back -wages in a tune of 25%.

(3.) I have examined the award impugned and also perused the record annexed with the writ petition. The contention of the petitioner -employer that the Labour Court failed to appreciate that the workman was not in continuous service is of no force as the Labour Court after considering the muster -roll available on record reached at a specific conclusion that the workman remained in service of the respondents for a period of more than one year. The relevant portion of the findings given by the Labour Court reads as follows: