- (1.) The challenge in the present writ petition is to the order, Annexure P-6, dated 04.02.2002 whereby respondent-workman has been ordered to be reinstated with continuity of service with full back wages from the date of his termination in April, 1995.
(2.) The respondent-workman raised an industrial dispute arising out of alleged termination of his services in April, 1995. It is the case of the respondent- workman that he was engaged as skilled labourer/Supervisor on 24.10.1988 and had worked for seven years till his services were terminated and that such termination was made in violation of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act").
(3.) The learned Labour Court answered the reference in favour of the workman after holding that the Management has not produced the Muster-Roll from December, 1988 to March, 1995 and have simply given the details in the written statement showing the absence of the workman for months together. The learned Labour Court has drawn an adverse inference on account of non production of regard and, thus, returned a finding that the workman has completed 240 days in a calendar year. On the basis of said finding, the learned Labour Court passed the impugned award.;