ARVIND KUMAR, J. - (1.) The petitioner management inducted respondent No. 2 workman on the post of Turner w.e.f. February 2, 1994. His services were terminated on August 4, 1995. Feeling : aggrieved with his termination, the workman served a demand notice upon the management seeking reinstatement with continuity of service and back wages. On failure of reconciliation proceedings, the appropriate Government referred the dispute to the Labour Court for adjudication. The workman filed his claim statement before the Labour Court taking the plea that his services have. been terminated illegally on August 4, 1995 without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter called as the Act) as he has worked for more than 240 days continuously with the management. It was further averred that the management had not paid him the salary for the month of July, 1995.
(2.) It appears from the record that the approach of the management in contesting the claim of the workman was very causal. No, reply to the claim statement was filed by the management. Besides, it was proceeded ex parte twice, firstly on June 1, 2001, which, it had succeeded in getting set aside and thereafter secondly on January 11, 2002.
(3.) The Labour Court recorded the ex parte evidence of workman on January 25, 2002. After analyzing the ex parte evidence adduced by the workman, the Labour Court vide the impugned award dated February 5, 2002 held; the termination of services of workman as unjustified. Accordingly, it awarded re-instatement with continuity of service and full back wages to the workman.;