ASSISTANT ENGINEER P W D Vs. KHALID AHMED

JUDGEMENT

(1.) THIS writ petition is directed against the award passed by the Labour Court Annx. 4 dated 28 -1 -1984.

(2.) NON -petitioner No. 1 moved the State Government for making a reference challenging his termination by the Assistant Engineer, PWD (B and R), Churu. It is alleged that he continuously worked form 1 -7 -1979 to 31 -12 -1979 on the post of Beldar and from 1 -1 -1980 to 31 -12 -1980 on the post of Munshi, thus he has completed 240 days in service therefore the Assistant Engineer could not have terminated the services of the non -petitioner No. 1 whithout complying with the provisions of Section 25F of the Industrial Disputes Act. A reference was made by the State Government to the Labour Court and a notice was given to the petitioner on filing the claim petition by respondent No. 1 before the Labour Court. Inspite of service of notice on petitioner the petitioner did not appear before Tribunal. Therefore the Labour Court proceeded ex -parte and ultimately the Labour Court found on the basis of affidavit and evidence produced by non petitioner No. 1 that he had completed 240 days and before terminating his services the provisions of Section 25F of the Industrial Disputes Act have not been complied with as such the Labour Court found that the termination of services of the petitioner is bad and directed his reinstatement with back wages @ Rs. 350/ - per month.

(3.) A reply has been filed by the respondent.