- (1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing of impugned award dated 28.5.2010 (Annexure P-4). Learned counsel for the petitioner has submitted that the Industrial Tribunal-cum-Labour Court had erred in not awarding reinstatement to the petitioner with continuity of service after holding that the services of the petitioner had been terminated in violation of Section 25F of the Industrial Disputes Act, 1947 ('Act' for short).
(2.) Learned State counsel, on the other hand, has opposed the petition and has submitted that Industrial Tribunal-cum-Labour Court has rightly awarded compensation to the petitioner in lieu of reinstatement.
(3.) Petitioner had raised an industrial dispute challenging his termination by serving a demand notice. The dispute raised by the petitioner was referred for adjudication to the Industrial Tribunal-cum-Labour Court, Hisar by the appropriate government. Parties led their evidence in support of their respective pleas. The learned Industrial Tribunal-cum-Labour Court after appreciating the evidence led by the parties on record gave a finding of fact that the petitioner had worked for 112 days in the year 1996, 111 days in the year 1997, 61 days in the year 1998 and 275 days in the year 1999. Thus, in the present case, petitioner had worked for more than 240 days in preceding 12 months of his termination.;