(1.) The petitioner has invoked extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the award dated Nov. 30, 1987, copy Annexure P-1, to the extent whereby the claim of back wages has been declined and granting a writ of mandamus allowing the claim of the claimant of back wages.
(2.) The brief facts need to be noticed are that the workman Anirudh Kumar was in the employment of General Manager, Haryana Roadways, Ambala City. He was drawing Rs. 560.00 p.m. It has also been averred that his juniors have been retained in service. His termination is illegal, arbitrary, unjustified and in utter violation of provisions of Sections 25-G, H and N of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").
(3.) A reference was made by the appropriate Government and the claim of the workman was contested by the respondents. Upon the pleadings of the parties the issues had been framed and the respective evidence had been led. The Labour Court has categorically opined that the retrenchment of the workman is invalid for the reasons that compliance of Sec. 25-G of the Act was not made. The issue Nos 1 and 2 have been decided in favour of the workman and against the management. However, while granting relief to the workman he has been held to be entitled for reinstatement but without back wages.