- (1.) The prayer in this petition is for quashing of award dated 21.4.2005 passed by respondent No. 2 vide which the petitioner-department has been directed to reinstate respondent No. 1-workman with continuity of service and other consequential benefits along with 50% back wages from the date of demand notice i.e. 27.1.2001 till the publication of award and full wages thereafter till the re-instatement of the workman.
(2.) The facts which are not in dispute are that, the services of workman Sat Narain were engaged by the petitioner-department on 1.1.1995 as a Cook, as per D.C. Rates. He worked as such till 5.1.2001 when his services were terminated. His termination gave rise to an industrial dispute. The grouse of the petitioner was that his services have been terminated without issuing any charge-sheet or paying any retrenchment compensation and that the persons junior to him namely Radhey Shyam, Dalip Singh and Ram Avtar etc. have been retained in service by the department. Whereas, on the other hand, the stand of the petitioner-department was that the services of workman, which have since been replaced by regular employees, are no longer required. Additionally, it was pleaded that the department does not fall within the definition of "industry" as prescribed under the Industrial Disputes Act, 1947 (for short the Act). The lis was adjudicated upon by the Labour Court and vide the impugned award dated 21.4.2005 it answered the reference in favour of the workman in the manner noticed above. Hence, the instant writ petition.
(3.) Upon notice of the petition, respondent No. 1-workman filed the written statement controverting the stand taken by the petitioner-department in the instant writ petition. Dismissal of the writ petition has been sought.;