MANAGER SELECTION SYNTHETICS LTD Vs. LABOUR COURT BHILWARA

JUDGEMENT

(1.) HEARD learned counsel for the parties. This appeal is directed against the judgment of learned single Judge dated July 15, 2005 dismissing the writ petition filed by the appellant, Manager against the award of Labour court, Bhilwara holding it to be a case of illegal retrenchment of the respondent-workman and directing his reinstatement with continuity in service and also back wages on the average monthly remuneration in the year preceding the date of retrenchment.

(2.) SUBJECT of the industrial dispute was referred to the Labour Court was whether the termination of the services of Rameshwar Lal workman w. e. f. September 14,1999 is valid and if not to what relief the workman is entitled to.

(3.) THE claim of the workman was that he is a workman of Selection Synthetics Ltd. since november 13, 1997 and his services were terminated by oral order on September 14, 1999. No notice as required under Section 25-F of the Industrial Dispute Act was given prior to effecting the termination of service nor remuneration in lieu of one month's notice was given to the workman, No retrenchment compensation was paid to him before retrenchment. Thus, the conditions of Section 25-F had not been complied with before : terminating the services of respondent. He claimed reinstatement with back wages and continuity in service.