- (1.) Petitioner-workman has filed the instant writ petition impugning the award dated 15.1.2013, Annexure P1, passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court whereby even though a finding has been recorded as regards non-compliance of Section 25-F of the Industrial Disputes Act (for short 'the Act'), he has been denied the relief of reinstatement and has been awarded compensation of Rs. 80,000/- in lieu thereof.
(2.) Learned counsel appearing for the petitioner-workman would contend that the workman had rendered service as a Chowkidar from June 1987 to 15.7.2008 whereupon his services had been terminated without being paid wages in lieu of notice period nor was any retrenchment compensation paid and as such, a finding having been recorded as regards non-compliance of Section 25 of the Act, the relief of reinstatement must follow. In the alternative, a submission has been made that even the compensation awarded is on the lower side against the backdrop of eight years of service having been rendered.
(3.) Per contra, learned counsel appearing for the respondent would submit that the engagement of the workman was dehors the Rules and no selection process in the nature of advertisement, calling of applications from other eligible candidates etc. had been followed and under such circumstances, even if there be a transgression of Section 25-F of the Act, a daily wager would not be entitled to reinstatement.;