- (1.) The challenge in this petition filed under Articles 226/227 of the Constitution of India is to the award dated 16.11.2005 passed by the Labour Court, dismissing the claim of the petitioner-workmen of reinstatement with back wages.
(2.) It is the case of the petitioner-workman that he served respondent No. 2-department w.e.f. 6.3.1992 till his services were illegally terminated on 9.6.1993. The petitioner-workman challenged the action of the department of terminating his service before the Labour Court. His stand was that since he had completed more than 240 days of service with the department, therefore, his services were terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short the Act). His claim was contested by the respondent-department. Their stand was that the petitioner had in fact worked with it from March 1992 to July 1992 and thereafter from December 1992 to June 1993. He had never completed 240 days of continuous service with the department, as such, there was no requirement of complying with the provisions of the Act.
(3.) The Labour Court vide the impugned award held that the petitioner-workman had not completed 240 days of service preceding the date of his termination, as such, he is not entitled to any relief. Accordingly, as noticed above, the claim of the workman has been dismissed. We have heard learned Counsel for the parties and have carefully gone through the paper-book as also the impugned award.;