- (1.) Challenge in this petition under Articles 226/227 of the Constitution of India is to the award dated 19.1.2004, copy Annexures P-2, ordering re-instatement of respondent No. 1 with continuity of service and 50% back wages. The back wages for the month of January and February 2002 were not awarded to her as she was found to be remained gainfully employed during the said period.
(2.) We have heard learned counsel for the parties at length and have gone through the paper book as also the impugned award.
(3.) The plea of the petitioner-department is that the appointment of workman was contractual, on 89 days basis, which comes to an end with the efflux of time. The termination of services of workman falls under exceptional clause (bb) to Section 2(oo) of the Industrial Disputes Act, 1947 (for short the Act). Moreover, there was a stipulation in her appointment letter to the effect that her services are liable to be terminated on appointment of regular candidate. As such, there was no violation of any of the provisions of the Act while terminating the services of the workman.;