- (1.) The petitioner-Board is aggrieved by the award dated 2.3.2006 passed by the Labour Court whereby the respondent No. 2-workman has been ordered to be reinstated with continuity of service and all other consequential benefits including 50% back wages from the date of issuance of demand notice i.e. 4.2.2002 till the publication of the award and full wages thereafter till his reinstatement.
(2.) It emerges out from the record that Respondent No. 2-workman raised an industrial dispute challenging the action of the petitioner-Board of terminating his services. It was his case that he was appointed as work charge employee in the year 1994. He discharged his duties as Driver on Road Roller and worked as such till 30.11.2001 when his services were illegally terminated in gross violation of the provisions of Section 25-F of the Act.
(3.) The claim of the workman was contested by the petitioner-Board by alleging that the workman had not completed 240 days of service in any calendar year. He had worked as labourer only from September 1995 to November 1995, January 1996 to April 1996 and January 1997 to March 1997. Therefore, he is not entitled to any relief. Besides objections regarding the jurisdiction of Labour Court and questioning the maintainability of claim being time barred were raised.;