PRADEEP NANDRAJOG,J. - (1.) INSTANT appeal brings out the necessity for Courts, while exercising writ jurisdiction, to be careful if the writ petition relates to a challenge to an award by an Industrial Adjudicator under the ID Act, 1947. The care being to ensure that the case projected by the petitioner conforms to the case pleaded before the Industrial Adjudicator. Further, one has to be careful in considering the Annexures filed with the writ petition; and it to be ensured that the Annexures were documents proved before the Industrial Adjudicator.
(2.) A writ petition laying a challenge to an award would obviously pray for a writ of certiorari to be issued; record of the Industrial Adjudicator to be called, and then seen whether the Industrial Adjudicator has misinterpreted the law or misdirected the inquiry.
(3.) THE respondent raised an Industrial Dispute regarding his relationship with the appellant and claimed that since the year 1994 he was working as a Khalasi at a monthly remuneration of Rs. 1,800/ - with the appellant and that his services were illegally terminated on June 02, 1995 when Junior Engineer of the appellant verbally told him that there was no work for him. As per the appellant the respondent worked intermittently in the year 1994 for 165 days and between January and July, 1995 for 97 days. The engagement was on daily wage basis. The respondent stopped reporting for work on July 22, 1995.;