Rajiv Narain Raina, J. - (1.) The present petition has been filed under Articles 226 & 227 of the Constitution of India praying for quashing of the award dated 12.2.2008 (P-3) published in the gazette on 7.4.2008.
(2.) The award has been passed by the Presiding Officer, Labour Court, Ambala. The reference has been answered against the petitioner-workman and no relief has been found admissible. It has been held that since the workman was a daily wage Mali, dis-engaging him from service would not amount to retrenchment and would instead be covered by exception (bb) to section 2(oo) of the Industrial Disputes Act, 1947 (for short 'the Act'). Therefore, violation of provisions of Sections 25-F to H of the Act would not make material difference in the present case.
(3.) The brief facts of the case as stated by the petitioner CWP workman are that the petitioner-workman was a daily wage Mali in the Forest Department from July, 1981 upto 28.11.2001 when his services were terminated by Thambu Ram, Forester illegally and in violation of the provisions of Sections 25-F to H of the Act. The reason given in the impugned order of termination Ex. W-3 was "Removing the workers having Court cases from work". This removal was in compliance of oral orders with reference to a letter dated 22.11.2001 from the Deputy Conservator of Forest, Kurukshetra. Thambu Ram, Forester was summoned by the petitioner-workman to tender evidence on the basis of summoned record. In his testimony Thambu Ram admitted that the petitioner had worked from 1998 to 28.11.2001. The Labour Court returned a finding that the workman had not put in the necessary 240 days of work in the last 12 preceding calendar months prior to the order of termination issued and served on 28.11.2001. It was admitted that violation was committed of provisions of Section 25-F of the Act since neither notice nor retrenchment compensation was paid to the workman at the time of retrenchment. The workman had produced the seniority list Ex. W-4 of daily wage workers in the Forest Department (Territorial), Kurukshetra range showing 1982 as the date of joining in the case of the petitioner. The management has been unable to rebut continuous service from 1982 to 1998. It is stated that in para 3 of the written statement filed in the present case that old record of Thanesar Range of Kurukshetra Forest Division has been weeded out upto 31.1.1993 vide o/o No. 148 dated 14.1.1997 as per Rules 15.26 of Haryana Forest Manual Vol. II prior to file the petition bearing reference No. 139 of 2001.;