- (1.) By this writ petition, the employer is challenging the award of the Labour Court dated 30.4.1999, Annexure P/3, vide which the Labour Court had ordered reinstatement of respondent No. 2 with continuity of service and 25% back wages.
(2.) The case of respondent No. 2 is that he joined service with the petitioner on 25.5.1988 as Auction Recorder and his services were abruptly terminated on 27.1.1989 without any rhyme or reason. He has further contended that he had completed the continuous service of more than 240 days in the calendar year but his services had been terminated without compliance of the provisions of Industrial Disputes Act (hereinafter referred to as "the Act"). He has further contended that after the termination of his services, fresh appointments were made by the petitioner and seven posts were kept vacant because of the writ petition filed by the respondent No. 2 and others. It is also contended that the petitioner has engaged persons from Minor Irrigation Tubewell Corporation and also contended that the principle of 'last come first go' was not adopted.
(3.) The Labour Court had held that the respondent has not completed continuous service of more than 240 days in the calendar year. However, it held that the principle of 'last come first go' was not followed and the duration of the service of the respondent was not for a fixed period. The contention taken was that the claim of respondent No. 2 was barred by the principle of res judicata. This contention was also not accepted by the Labour Court and the reference of respondent No. 2 was allowed.;