- (1.) The Gurdaspur Cooperative Sugar Mills Private Limited (hereinafter referred to as 'the Management') has directed this Letters Patent Appeal against the judgment dated 30.11.2009 passed by the learned Single Judge, whereby the writ petition (CWP No.18271 of 2009) filed by the appellant against the award of the Labour Court, setting aside the termination of the respondent-workman and reinstating him with 25% back wages, has been dismissed.
(2.) We have heard the learned counsel for the parties and gone through the impugned order.
(3.) In this case, the workman was working in the distillery unit of the Management. He was alleged to have been engaged by the Management on daily wages since March, 1988. His services were terminated in the year 1997. The Labour Court though found that the workman had failed to prove that he had worked for 240 days in a calendar year prior to the date of his termination, but has recorded a finding of fact that ten persons, who had joined subsequently, were retained in service by the Management and the respondent-workman was not retained. On the basis of the said finding, it was found that termination of the services of the workman was in violation of the provisions of Section 25G and 25H of the Industrial Disputes Act (hereinafter referred to as 'the Act'), and keeping in view the facts and circumstances of the case, the Labour Court ordered the reinstatement of the respondent-workman with 25% back wages. The said finding has been affirmed by the learned Single Judge.;