- (1.) This writ petition arises out of an award dated 1.9.2006 passed by learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar in Reference No. 364 of 2000 allowing the reference by directing reinstatement of the Workman with continuity of service and other consequential benefits including 50% back wages from the date of issuance of notice i.e. 14.3.2000 till the date of publication of the award, and full wages thereafter till reinstatement.
(2.) It appears that the Workman was employed as a Chowkidar in the Forest Depot at the relevant time. Though he had worked for 240 days but his services were terminated without following the requirement of the provisions of Section 25(f) of the Industrial Disputes Act (for short 'the Act'). Learned counsel for the petitioner submitted that this is a case of abandonment of service and the respondent being the Chowkidar was the only workman employed in the depot. Learned counsel further submitted that the Labour Court erred in not considering the vouchers placed on the record to show that the Workman had abandoned the service and had not continued for 240 days. Learned counsel further submitted that since the respondent was the only workman at the depot, therefore, the department did not maintain a muster roll. Learned counsel placed reliance on a judgment of Hon'ble the Apex Court in case of Himanshu Kumar Vidyarthi and others v. State of Bihar and others, 1997 AIR(SC) 3657 to contend that if the status of the employee is of temporary nature, his disengagement from service cannot be construed to be a case of retrenchment.
(3.) We have carefully considered the aforesaid submissions of learned counsel, which took almost over 45 minutes time of the Court and have also perused the award.;