- (1.) Respondent No. 1 is the workman of the petitioner-department. He served the department from 1.6.1995 to 3.1.1997 as a daily wage employee. His termination from the service w.e.f. 3.1.1997 gave rise to an industrial dispute. Respondent No. 1 alleged that his services were wrongly terminated in blatant violation of the provisions of Sections 25-F & 25-N of the Industrial Disputes Act, 1947 (for short the Act). On the other hand, the plea of the petitioner-department was that the workman was employed for a specific work. His services were dispensed with as per the directions of the Executive Engineer, Public Health Div. No. 1, Kaithal. In order to comply with the provisions of the Act, the workman was given retrenchment compensation amounting to Rs. 1073/- vide bank draft dated 20.1.1997. The dispute was adjudicated upon by the Labour Court. Vide the impugned award dated 3.4.2003, the Labour Court held that the services of workman were terminated in gross violation of provisions of Section 25-F of the Act. It accordingly ordered the re-instatement of workman with continuity of service and 25% back wages from the date of demand notice till re-instatement.
(2.) Feeling aggrieved with the same, the petitioners-department has filed the instant petition under Articles 226/227 of the Constitution of India seeking quashing of the impugned award dated 3.4.2003.
(3.) We have heard learned Counsel for the petitioner at length and have gone through the paper-book.;