- (1.) Challenge in the present writ petition is to the award dated 1.12.2011 (Annexure P/1) passed by the Labour Court, Rohtak whereby the respondent no.1-workman has been held entitled to be reinstated on his previous post with continuity of service and 50% back wages from the date of demand notice.
(2.) A perusal of the file would go on to show that the workman raised an industrial dispute vide demand notice dated 1.5.2000 (Annexure P/2) taking the plea that he was appointed as class IV employee on 1.8.1993 to dig and water the plants and he worked continuously till 2.4.2000. His services were illegally terminated and there was violation of mandatory provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). On the matter being referred to to the Labour Court, the details were given where it was mentioned that he worked in the Siwani Range at Jhupa Beat, Mithi Beat and Bidhwan Beat under the Forest Guards, namely, Ram Saroop and Rattan and at that time Ram Phal was the Block Officer. Juniors to him were also retained and thus, there was violation of provisions of Sections 25F, 25G and 25H of the Act.
(3.) In the written statement, it was averred that the attendance record of the daily wagers was weeded out as per Rule 15.24 of Haryana Forest Manual and that the workman had never completed 240 days from April, 1999 to March, 2000. Specific reference was made regarding the number of days which he had worked and it is stated that workman had worked in September, 1993 for 26 days, in February, 1994 for 25 days, in November, 1995 for 12 days, in August, 1997 for 23 days and in September, 1999 for 17.5 days. With regard to fact of working under specific Forest Guards, no specific reply was given by the respondents.;