S.S. Nijjar, J. - (1.) IN this petition under Articles 226/227 of the Constitution of India, the petitioner seeks issuance of a writ of certiorari for quashing/setting aside the award dated 24.2.1999, Annexure P -5, passed by the Presiding Officer, Labour Court -cum -Industrial Tribunal, Hisar (hereinafter referred to as "the Labour Court").
(2.) I have heard the learned counsel for the parties. It is accepted by the learned counsel for the petitioner that the workman had not completed 240 days in the year preceding the termination of his service. According to the learned counsel for the respondents, the services of the petitioner came to an end by efflux of time as period of contract had expired. On the other hand, learned counsel for the petitioner has argued that these repeated appointments would amount to unfair labour practice. Learned counsel for the petitioner, submits that it was incumbent upon the Labour Court to examine the question as to whether or not the management had acted in breach of Section 25G of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). According to the petitioner the management had employed certain other persons on the same job after services of the petitioner were terminated. Learned counsel relied on the statement of WW -2, Jagdish Raj, Accounts Clerk, who had stated before the Labour Court that certain persons mentioned therein had been appointed on the job which was earlier being performed by the petitioner.
(3.) I am of the considered opinion that the Labour Court ought to have examined the evidence on record and, thereafter, recorded a finding as to whether or not there has been any breach of Section 25G of the Act. On the otherhand, Mr. Manoj Bajaj, appearing for the management, has submitted that it has been no where stated by the witness that the work is still continuing. In such circumstances, the writ petition is allowed. The award, Annexure P -5, given by the Labour Court, Hisar, is hereby quashed and set aside. The matter is remanded back to the Labour Court, Hisar, to decide the question as to whether there has been any violation of Section 25G of the Act. The Labour Court while deciding the aforesaid issue, will give both the parties opportunity to lead additional evidence which may be necessary in support of their respective claims. The parties, through their counsel, are directed to appear before the Labour Court, Hisar, on 3.12.2001, for further proceedings.;