V.K. Bali, J. - (1.) LETTERS , Patent Appeals Nos. 452 to 456 of 1991 and Civil Writ Petition No. 336 of 1992 involve common questions of law on similar facts and it is for that precise reason that same have been clubbed together vide admission orders. Learned Counsel for the parties are also ad -idem that all these matters need to be disposed of together. The bare minimum facts that need a necessary mention, in the context of contentions raised by learned Counsel for the parties, have however, been extracted from LPA No. 542 of 1991.
(2.) APPELLANT -Sat Pal Singh (here -in -after referred to as workman) was employed on daily wages for a fixed period. He had, however, completed more than one year service before Clause (bb) of Section 2(oo) of the Industrial Disputes Act, 1947 (for short the Act) came on the Statute by Amending Act of 1984 with effect from 18th August, 1984. When his services were terminated on 1st February, 1985 without any notice, charge -sheet or compensation and in view of Petitioner, in violation of Section 25 -F of the Act, he sought reference under Sub -section (1) of Section 10 of the Act from the Government. The terms of reference were as follows: Whether termination of services of Sat Pal Singh workman is justified and correct, if not to what relief is he entitled? The Respondent -Management entered appearance before the Labour Court, Ambala and hotly contested the cause of workman. In the reply that came to be filed on behalf of the Management, it was inter -alia pleaded that the workman was asked to quit as per terms and conditions of the appointment order on the expiry of specified and fixed period of appointment and that being the situation, Section 2(oo)(bb) of the Act would be straightaway attracted, thus, entitling the Management to dispense with the services of the workman without complying with the conditions precedent set out in Section 25 -F of the Act.
(3.) LEARNED Labour Court, on the basis of pleadings of the parties, framed following issues: 1. Whether order -of termination of the workman dated 31st January, 1985 is legal, if so its effect? 2. Relief.;