- (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 award dated 21.12.2005 (Annexure P/1), vide which the Labour Court, Gurgaon, has dismissed his claim statement.
(2.) Petitioner-workman on 1.7.1994, joined the services of respondent-department Mali-cum-Chowkidar. On 28.8.1997, his services were terminated by the department on the ground that the same were no longer required. On termination of his services, the workman served a demand notice upon the department seeking reinstatement with continuity of service and back-wages. On failure of the reconciliation proceedings, the appropriate Government referred the dispute to the Labour Court for adjudication. The workman filed claim statement before the Labour Court taking the plea that his services have been terminated illegally without any notice or payment of any compensation. Upon notice of the claim statement, the department denied the allegations levelled by the workman stating that the services of the workman were terminated as the same were no longer required and that in lieu of requisite one month's advance notice he was paid a sum of Rs. 3,097/- through a demand draft. It was pleaded that in case of availability of work in future, the services of the workman would be availed.
(3.) In support of their respective case, evidence was led by the parties. Upon appreciation thereof, the learned Labour Court vide the impugned award held that the department had retrenched the services of the workman in accordance with law and after complying with the formalities contained in Section 25F of the Industrial Disputes Act, 1947, (in short, the Act) and accordingly, dismissed the claim statement of the workman with the observation that in case of occurrence of any future vacancy, the case of the workman would be considered for re-employment. Hence, the present writ petition by the workman.;