- (1.) The petitioner joined respondent Nos. 2 to 4's department as Mali on 7.3.1987. However, his services were terminated on 14.1.1993. He agitated the matter before the appropriate Government, who referred the dispute to the Labour Court for adjudication. The Labour Court, vide award dated 16.9.1997 ordered reinstatement of the workman with continuity of service and full back wages. It appears from record that pursuant to the said award dated 16.9.1997, the petitioner was re-instated on 29.7.1998. He continued as such up till 1.3.1999 when his services were again terminated by the department on account of non-availability of any work and extra-post. The petitioner again raised an industrial dispute by serving a demand notice on 12.3.1999. In the meantime, the writ filed by the department against the award dated 16.9.1997 way dismissed by n Division Bench of this Court on 13.11.2000 The industrial dispute raised by the petitioner, this time again, was referred to the Labour Court for adjudication. The petitioner filed statement of claim before the Labour Court, The respondent-department contested the claim of the petitioner. The Labour Court vide the impugned award dated 20.8.2004 dismissed the claim of the petitioner. Dissatisfied with the same the petitioner-workman has filed the instant petition under Articles 226/227 of the Constitution of India questioning the legality of the impugned award dated 20.8.2004.
(2.) Upon notice of motion respondent department filed written statement. Justifying the award of the Labour Court dismissal of the petition has been sought.
(3.) We have heard learned Counsel for the parties and have perused the paper-book carefully.;