- (1.) The challenge in the present writ petition is to the order (Annexure P7) dated 13.01.2006, whereby respondent-workman has been ordered to be reinstated with continuity of service but without back wages.
(2.) The respondent-workman raised an industrial dispute arising out of alleged termination of his service in the month of March, 1996. It is the case of the respondent-workman that he was engaged in the year 1980 as Beldar and during the service period, his work and conduct was satisfactory but the Management terminated his services in March, 1996 without assigning any reason and no notice pay or retrenchment compensation was paid to him and in this way the Management has contravened the provisions of Section 25-F of Industrial Disputes Act, 1947.
(3.) The learned Labour Court answered the Reference in favour of the workman after holding that it is the pertinent duty of the Management to produce the record of the workman but the Management has utterly failed to produce the entire service record of the workman. The learned Labour Court, thus, found that the workman is deemed to have continuously worked from 1980 to 1996 and his services were terminated illegally. On the basis of the said finding, the learned Labour Court passed the impugned award.;