P. B. Bajanthri, J. - (1.) In the instant writ petition, the petitioner has assailed the award passed by the Labour Court dated 03.10.2012 vide Annexure P8..
(2.) The petitioner was initially appointed as a Helper Mechanic on daily wage basis on 01.12.1982. Thereafter, his servies was dispensed on 31.10.1983. Once again he was re-appointed on 01.04.1984 and his services were terminated on 17.09.1985. He has suffered an order before the Labour Court. At that juncture, the petitioner came to know that some of the persons were appointed on ad hoc basis to the post of Helper Mechanic while ignoring the name of the petitioner. Thus, he approached this court on two occasions vide CWP No. 13282 of 1993 and CWP No. 376 of 2003 in which also he suffered order at the hands of this court. While disposing of CWP No. 376 of 2003, the petitioner was given liberty to approach appropriate forum raising industrial dispute. Accordingly, he has raised industrial dispute. Thus reference No. 144 of 2004 was decided by the Labour Court on 03.10.2012 while declining the relief sought by the petitioner. Thus, the present petition has been filed.
(3.) Short question for consideration in the present petition is whether subsequent to termination of the petitioner on 17.09.1985 whether any person was appointed on ad hoc basis to the post of Helper Mechanic on daily wages or not. Learned counsel for the petitioner submitted that the Labour Court has not appreciated that issue viz., violation of Section 25H of the Industrial Disputes Act, 1947. Hence, the present petition.;