S.S. Nijjar, J. - (1.) THIS writ petition under Articles 226/227 of the Constitution of India seeks the issue of writ of certiorari/mandamus quashing the portion of the award -Annexure P -1 pertaining to the relief granted to the petitioner (hereinafter referred to as the workman) under Issue No. 5 whereby the workman has been denied 50 per cent of the back wages on reinstatement.
(2.) THE workman joined the post of Chawkidar on 9.3.1981. Me was working as Chawkidar in Dasuya Markfed Godown when his services were terminated on 31.5.1985. While terminating his services, no charge -sheet was served upon him. No enquiry was conducted against him. The post upon which the workman was working was not abolished. Since he had completed 240 days of service continuously in a calendar year, prior to the termination of his services, he was entitled to be protected under the Industrial Disputes Act. The workman served a demand notice, on the basis of which, the industrial dispute was referred to Presiding Officer, Labour Court, U.T., Chandigarh. In response to the claim filed by the workman, the Management filed written statement. It was claimed that initially, the appointment of the workman was for a period of 89 days. His contract of service was renewed on 89 days basis from time to time. Ultimately, he was relieved from duty. The Labour Court, after framing the issues and considering the evidence, has come to the conclusion that it was necessary for the Manage - ment to comply with Section 25 -F of the Industrial Disputes Act as the workman had completed 240 days in a year preceding his termination. Inspite of giving the aforesaid finding, the Labour Court, without assigning any reason, denied the workman the benefit of full back wages. The workman has been ordered to be reinstated into service with 50 per cent back wages.
(3.) I have heard the counsel for the parties at length.;