D.P.SINGH, J. - (1.) Heard learned counsel for the petitioner and the learned Standing Counsel. This writ petition is directed against an award of the Labour Court dated 31/07/1980 by which the respondent workman has been granted reinstatement with full back wages.
(2.) Brief facts shorn of details, for decision of this petition are, that the respondent workman was appointed as Assistant Salesman on 10/12/1974 by the Committee of Management of the petitioner Co-operative Society and was also confirmed on 17/12/1976. However, vide notice dated 1/11/1977 he was given a month's notice that with effect from 1/12/1977 his services would stand retrenched and which was retrenched without any compensation or other legal dues. It was alleged that juniors were retained. The petitioner denied the allegation by saying that the workman was appointed in contemplation of the approval of the Board, but the Service Board, which is the competent authority to grant appointment, did not approve the said appointment, therefore, it is alleged, services were terminated and the workman was paid 45 days average pay and was given one month's notice.
(3.) The Labour Court, though found that the services were terminated because the Service Board had not approved the appointment but held that since the provisions of Industrial Disputes Act were not complied, therefore, the termination was illegal and as such it granted reinstatement with full back wages,;