- (1.) This order shall dispose of two Letters Patent Appeals bearing Nos.1770 and 1771 of 2012 filed by the Range Forest Officer and others challenging the judgment dated 23.05.2012 passed by the learned Single Judge, whereby two different writ petitions bearing Nos.9783 and 9782 of 2012 filed by the appellants for setting aside the award dated 13.5.2011 passed by the Labour Court, have been dismissed.
(2.) Though these appeals are barred by limitation, and along with the appeals, the appellants have filed applications (CM Nos.4628 and 4630 of 2012) for condonation of 99 days delay each in filing the appeals, yet without taking the said delay into consideration, we have heard the learned counsel for the appellants on merits and gone through the impugned order passed by the learned Single Judge and do not find any illegality in the said order as well as the award of the Labour Court.
(3.) In this case, the services of the respondents-workmen, who were working on daily wages for more than seven years, were terminated without complying with the mandatory provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The management tried to justify the termination on the ground that the respondents workmen were seasonal employees, therefore, after the end of the season their services were dispensed with and such action of the management does not amount to retrenchment. On the other hand, the respondents workmen have successfully proved that when the seasonal work was again resumed the workmen were not called to report for duty. The workmen had also taken the stand that some of the juniors were retained in service. The Labour Court after appreciation of evidence led by the parties held that the services of the workmen were illegally and arbitrarily terminated in violation of Section 25G and 25H of the Act and they were entitled to be reinstated into service with continuity of service and full back wages.;