- (1.) The facts of the case are that respondent No. 2 - workman served a demand notice upon the petitioner-department alleging therein that he had served the petitioner-department from 1.4.1995 till his services were illegally terminated on 1.12.1996, without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for brevity the Act). His claim was contested by the petitioner-department on the ground that the workman worked with them intermittently, as per requirement of work, during the period April 1995 to November 1996. Thereafter, he abandoned his job and never come to duty. Additionally, it was also pleaded that the petitioner- department is not an industry within the meaning of Section 2(j) of the Act. The Labour Court vide the award dated 9.8.2004, which is the subject matter of challenge in this writ petition, turned down the plea of the petitioner- department of abandonment of service by the workman after November 1996 and held that there was violation of provisions of Section 25-F of the Act while terminating his services. It accordingly set aside the termination of the services of the workman and ordered his re-instatement with continuity of service, without any back wages.
(2.) Dissatisfied with the same, the petitioner-department has filed the instant petition under Articles 226/227 of the Constitution of India challenging the impugned award.
(3.) We have heard learned Deputy Advocate General appearing on behalf of the petitioner-department and have gone through the paper-book carefully.;