- (1.) Haryana Agro Industries Corporation Limited-management has filed the instant Letters Patent Appeal challenging the order dated 23.3.2012, passed by the learned Single Judge, whereby Civil Writ Petition No. 624 of 2012 filed by them for quashing the award dated 5.10.2011 (Annexure P-1) passed by the Presiding Officer, Labour Court, Ambala, reinstating respondent No.1 Hawa Singh-workman with continuity in service and full back wages, has been dismissed.
(2.) Though there is a delay of 15 days in filing the appeal and the appellants have filed application (CM No. 2465-LPA of 2012) for condoning the delay, yet we have heard learned counsel for the appellants on merits, and gone through the award as well as the impugned order.
(3.) In the present case, the respondent-workman was appointed as Chowkidar with the appellants-management in May, 1999, and he worked continuously till November, 2008, when his services were terminated without complying with the mandatory provisions of Section 25 F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act'). On the matter being referred to the Labour Court, the management took contradictory stand. Firstly, they pleaded that the workman did not work regularly and there was break in his service, and secondly, they took the stand that the workman did not work with them at all.;