- (1.) This Letters Patent Appeal has been filed by Chief Engineer and Executive Engineer, Ranjit Sagar Dam (hereinafter referred to as 'the Management') for setting aside the order dated 17.08.2009 passed by the learned Single Judge, whereby the writ petition (C.W.P. No.3531 of 2000) filed by the appellants for quashing of the award dated 8.4.1999 passed by the Labour Court, reinstating the respondent-workman with 75% back wages from the date of demand notice till reinstatement, has been dismissed. We have heard the learned counsel for the parties.
(2.) In this case, the respondent-workman was appointed on 1.11.1987 as skilled labourer on casual basis and his services were terminated on 20.6.1989 alleged to be in violation of the provisions contained in Section 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The respondent-workman challenged his termination by filing a civil suit which was dismissed on the ground that the Civil Court had no jurisdiction to adjudicate the matter. Thereupon, the respondent-workman by issuing the demand notice, got referred the dispute to the Labour Court for its adjudication.
(3.) The Labour Court after providing due opportunity to the Management as well as the workman, and after appreciating the evidence led by the parties, answered the reference in favour of the workman and found that the services of the workman were illegally terminated in violation of the provisions of Section 25F and 25H of the Act. It has been found as a fact that the respondent-workman had worked for more than 240 days in a calendar year preceding the date of his termination. It has also been found as a fact that after termination of the services of the respondentworkman, the Management then employed certain other persons in the same capacity, without giving any notice to the respondent-workman for reemployment. After coming to the said conclusion, the Labour Court held the termination of the respondent-workman illegal and ordered for his reinstatement with 75% back wages.;