MANAGEMENT VIKAS VIDYALAYA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) PETITIONER has prayed for quashing the award dated 4-4-1997 passed by the presiding Officer, Labour Court, Ranchi in reference Case No. 2 of 1989, whereby and whereunder the termination of respondent No. 2 was declared void ab initio and order was passed for his re-in-statement with back wages etc. The following dispute was referred for adjudication by notification dated 19-1-1989.

(2.) MR. Vijay Gopal, learned Counsel appearing for the petitioner, submitted that in the written statement, respondent No. 2 admitted that after his services were terminated on 16,12. 1985, he filed a petition on 19-12-1985 begging apology for his misconduct and in para 7, he categorically stated that on such representation he was "re-appointed". In these circumstances, it was submitted that the Tribunal could not hold that when he was again terminated on 21-3-1986, he had worked more than one year and therefore section 25f of the Industrial Disputes Act (the Act) was violated.

(3.) MR. Amitabh, learned Counsel appearing for respondent No. 2, submitted that he has got no instruction.