- (1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing of award dated 12.12.2003, Annexure P-1, whereby the learned Labour Court, Ambala, though held his termination to be illegal but, dismissed his claim statement on the ground of delay of 5-1/2 years, and further writ in the nature of mandamus directing the respondents to reinstate him with full back wages and other consequential benefits. It is the case of petitioner-workman that vide order dated 8.10.1990, he was appointed as Data Entry Operator on daily wages and he worked as such till 28.11.1991. He was then appointed on ad-hoc basis and worked up to 26.5.1992, i.e. without any break, when his services were terminated by the respondent-management. He alleged that no notice or compensation in lieu thereof was given before terminating his services though he had worked for 240 days in the preceding 12 months. He further alleged that workers juniors to him were retained and even fresh appointments were made after the termination of his services, which act was in violation of the provisions of Sections 25-F to 25-H of the Industrial Disputes Act, 1947 (in short the Act). Upon notice thereof, respondent-management in its written statement took up the plea that the workman was working on daily wages to meet the exigency of work and his contract of employment was on day to day basis. It was pleaded that the workman did not lender duly for the requisite number of days in the twelve preceding months. It xwas denied that the workman worked regularly from 8.10.1 to 6.5.1092. It was further denied that any workman to the workman was retained in service or any fresh appointment made. Replication was filed by the petitioner-workman to the written statement denying the averments contained therein and reiterating the one in the demand notice-cum claim statement.
(2.) In support of their respective case, evidence was led by the parties.
(3.) The learned Labour Court on appreciation of evidence led by the parties, passed the impugned award in the manner indicated above.;