Karam Chand Puri, J. - (1.) THE petitioner has filed the instant Civil Writ Petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing award dated 1.6.1999, Annexure P -3, passed by the Labour Court, U.T. Chandigarh whereby the reference was allowed and the workman was ordered to be reinstated with continuity of service. However, the workman was allowed back wages to the extent of 50% only.
(2.) THE brief facts as are evident from the impugned award are that the respondent No. 2 -workman was employed as a Peon with effect from 1.6.1993 on daily wages and further on ad hoc basis with effect from 19.3.1994 and continued in the employment till 14.3.1995 with notional break of one day in the month of June, 1994 and again with notional break of one day in September, 1994 and December, 1994. According to the workman, respondent No. 2 he remained in the employment of the petitioner upto 14.3.1995 and had put in a continuous service of more than 240 days in the preceding 12 calendar months, when his services were illegally terminated with effect from 15.3.1995, without serving any notice or payment of retrenchment compensation. The workman further alleged that persons junior to him were retained in service and the termination of his service being against the mandatory provisions of industrial Disputes Act, 1947, was liable to be set aside. The claim of workman was contested by the petitioner -bank by filing written reply. It was admitted that the workman worked with the petitioner -Bank as a Peon firstly on daily wage basis and thereafter on ad hoc basis. It was further alleged that the appointment of workman was for a specific period on contractual basis and after the expiry of the contractual period, the services of the workman automatically delinked and as such neither any notice was required to be paid to him and, therefore, there was no violation of the provisions of the Industrial Disputes Acr.
(3.) IT was denied that any junior to the workman was retained in service were appointed on regular basis by the duly constituted Selection Committee. From the pleadings of the parties, the learned Labour Court framed the following issues: 1. Whether the services of workman were terminated illegally by respondent. If so, to what effect and to what relief, the workman is entitled to? OPW 2. Relief.;