Karam Chand Puri, J. - (1.) IN this Civil Writ Petition, the petitioner has prayed for issuance of a wr the nature of Certiorari for quashing the impugned award, Annexure P2 with a further prayer to direct respondentNo. 3 to reinstate the petitioner with full back wages and continuity of service.
(2.) IT is pleaded by the petitioner that he was employed by respondentNo. 3 on the post of Peon on work charge basis. He continued to work as such till 31.12.1989 and on the said date, a post of Peon had fallen vacant on the retirement of Jai Kishan, Peon. The petitioner continued to work on the said post till 4.9.1991 on which date his services were terminated without issuing any show cause notice and without complying with the mandatory provisions of the Act. It is further pleaded by the petitioner that he had raised industrial dispute against the termination of his services. The Government referred the dispute under Section 10(1)(c) of the Industrial Disputes Act, 1947 ( in short the Act) to the Industrial Tribunal -cum -Labour Court, Rohtak. The respondentNo. 3 filed written statement. The Labour Court, vide order dated 7.1.1998, Annexure P2 dismissed the claim petition on the ground that the case of the petitioner was covered under Section 2(oo)(bb) of the Act and, thus, there was no necessity to issue notice before terminating the services of the petitioner or to pay retrenchment compensation.
(3.) THE petitioner challenges the award of Labour Court in this Civil Writ Petition on the ground that his case does not fall under Section 2 (oo)(bb) of the Act as his services have neither been terminated due to non renewal of contract and that the Labour Court failed to appreciate that the action of respondentNo. 3 in appointing the petitioner for three months and without break, is clearly illegal, violative of principles of natural justice and tantamount to unfair labour practice.;