ARVIND KUMAR, J. - (1.) This shall dispose of Civil Writ Petitions No. 16717 and 3799/2004. Civil Writ Petition No. 16717/2004 has been preferred by the department against award dated October 24, 2003 of the Labour Court, Patiala, whereby the workman has been held entitled to receive one month's salary at the rate last drawn by him, while Civil Writ Petition No. 3799/2004 has been preferred by the workman against the aforestated award whereby it has declined the relief of reinstatement and back-wages with continuity of service to him.
(2.) In brief, the facts are that the workman was appointed as Process-server by the department. He worked there from December 1, 1995 to June 28, 1996 at a monthly salary of Rs. 2100/-. On June 29, 1996, his services were terminated by the department. Workman served a demand notice upon the department where after reference was made to the Labour Court for adjudication. Workman filed his claim statement challenging the termination order on the ground that the department illegally terminated his services without any notice or compensation in lieu thereof, in violation of Section 25-F of the Industrial Disputes Act, 1947 (in short, the Act). Upon notice of the claim statement, the department filed its reply thereby denying the averments made in the claim statement. It was stated that the termination of the workman was in accordance with the terms and conditions of appointment of the workman. It was pleaded that the workman is not entitled to the relief as he worked for 210 days only.
(3.) The learned Labour Court on appreciation of evidence adduced on record by the parties, vide the impugned award, decided the reference in the manner indicated above. This is how, the two writ petitions, one by the workman and the other by the department has been filed before this Court.;