S.N.Srivastava, J. - (1.) By means of the instant petition, the employer, i.e., Kisan Sahkari Chini Mills Ltd., Ghosi, Mau has canvassed the validity of the impugned award dated 30.1.1997 which was published on 1.10,1997. From a perusal of the impugned order, the quintessence of what has been held by the labour court is that the workman had worked for three years in unbroken continuity and that his services were dispensed with without any notice or payment of any compensation as contemplated in law notwithstanding the fact that there was not a vestige of allegation against the workman.
(2.) The facts beyond the pale of controversy are that workman entered the service as watchman on 15.2.1983 on daily wage basis. He worked unhindered upto 22.4.1986 and thereafter, he was retrenched. The workman raised an industrial dispute which was referred by reference dated 17.6.1987 to the labour court for adjudication. The labour court rendered its award which was published on 1.10.1997 as stated supra.
(3.) Learned counsel for the petitioner employer embarked upon certain details stating that the Kisan Sahkari Chini Mills was set up and to make it workable, skeleton staff was raised and the workman was engaged on daily wage basts but he was not given any appointment letter. Thereafter, selection proceedings commenced in accordance with law and in consequence, the workman failed to qualify in the selection and resultantly. his services were dispensed with. It was further canvassed that since he did not qualify in the selection process, he was disentitled to be given any notice or compensation. He further submitted that by all reckoning, his Initial appointment was subject to final selection. In opposition, learned counsel for the respondent No. 2 contended that it brooked no dispute that the workman had worked for three years in unbroken continuity and by this reckoning, he was entitled to the protection as contemplated in Section 6N of the Industrial Disputes Act. Lastly, he submitted that the workman was entitled to be resituated in service in the facts and circumstances of the case.;