- (1.) The instant petition is directed against the award dated 13.6.2011, passed by the Industrial Tribunal, Ambala, whereby the reference has been answered in favour of the workmen namely Sh. Rameshwar Dass and Sh. Geeta Ram being represented through respondent no.1 i.e. Van Vibhag Majdoor Union, Panchkula and they have been held entitled to reinstatement in service with continuity and 50% back wages. Learned State counsel appearing for the petitioners would argue that the onus was on the workmen to prove that they had completed more than 240 days in the preceding 12 months from the date of their disengagement from service so as to avail protection under Section 25-F of the Industrial Disputes Act, 1947 (herein after to be referred as the Act) and such onus has not been discharged. It has further been contended that in the case of workman Rameshwar Dass retrenchment notice had been issued to him and he had already received the compensation. Argument raised is that even if, the compensation was inadequate and had not been correctly computed, it could only be held as a technical lapse on the part of the management and reinstatement in service could not have been directed. State counsel also submits that the initial engagement of the workmen was not in pursuance to any regular selection process and was in violation of the Scheme of Equality as envisaged under Articles 14 and 16 of the Constitution of India and as such, even if, there was non-compliance of Section 25-F of the Act, the relief of reinstatement could not have been granted.
(2.) Per contra, learned counsel appearing for the workmen would submit that a finding of fact having been recorded by the Tribunal as regards transgression of the provisions of Section 25-F of the Act the retrenchment of an employee is a nullity and as such, no interference is called for in the impugned award.
(3.) Learned counsel for the parties have been heard at length. As per averments made in the instant writ petition, it has been admitted that Rameshwar Dass was employed in the month of January, 1998 and he continued to serve till 14.6.2004. Retrenchment notice dated 12.6.2004 was issued to him and retrenchment compensation was received by Rameshwar Dass on 16.7.2004. In so far as Geeta Ram is concerned, it has been pleaded that he was employed on 15.9.1991 and worked till 22.4.1997.;