- (1.) The challenge in the present writ petition is to the Award of the Labour Court dated 30.01.2008 (Annexure P-6), whereby respondent No. 2 (hereinafter referred to as 'the workman') was ordered to be re-instated with continuity of service and also 50% back wages from the date of demand notice on account of violation of Section 25-F of Industrial Disputes Act, 1947 (for short 'the Act').
(2.) It is the case of the workman that he was engaged as a Sewer Helper from 01.12.1990 to 31.03.1999. But on 01.04.1999, his services have been terminated without payment of retrenchment compensation or any notice or notice pay. It is alleged that the Management has retained juniors and thus, there is violation of Sections 25-G and 25-H of the Act.
(3.) On behalf of the petitioner-Management, it was pointed out that the petitioner has worked from 01.01.1991 to February, 1998 on muster rolls as a daily wager. It was also pleaded that no junior person has been retained. Therefore, the workman is not entitled to be reinstated.;