Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 4th September, 2007 (Annexure P -3), whereby the Respondent -workman was ordered to be reinstated with continuity of service and full back wages.
(2.) IT is the case of the Petitioner that the Respondent -workman was appointed as a part time sweeper on 13th September, 1994. He continued to work till 25th July, 2001 when, as per the workman, his services were terminated in violation of the provisions of Section 25F of the Industrial Disputes Act, 1947 (for short "the Act"). In reply, it was the stand of the Management that the workman worked from 26th July, 2000 to 25th July, 2001 as part time sweeper in TRW workshop, Mathana and that the workshop where the workman was engaged has since been closed down and, therefore, there was no scope for any part time sweeper. Consequently, the services of the workman were terminated being junior most in the category.
(3.) LEARNED Labour Court found that the workman continuously worked with the Management, though with breaks for more than 240 days and, thus, the termination of his services without giving him any notice is in violation of the provisions of Section 25 -F of the Act. In view of the said finding, the Labour Court answered the award in favour of the workman and set aside the order of termination.;