- (1.) The challenge in the present writ petition is to the order, Annexure P-5, dated 24.08.2005 whereby respondent-workman has been ordered to be reinstated with continuity of service with 50% back wages from the date of issuance of demand notice dated 13.11.1997 till the publication of award and full back wages thereafter till reinstatement of the workman.
(2.) The respondent-workman raised an industrial dispute arising out of alleged termination of his services on 16.10.1997. It is the case of the respondent- workman that he was appointed as Beldar on daily wage basis on 01.07.1990 in Social Forestry Range, Hisar, and served upto 15.10.1997 continuously but his services were illegally terminated on 16.10.1997 in violation of Section 25-F, 25(G) and 25(H) 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 discharged the onus by leading convincing evidence to establish that the workman himself had left the job. The learned Labour Court has, thus, returned a finding that the workman has completed 240 days in a calendar year preceding the date of termination. On the basis of said finding, the learned Labour Court passed the impugned award.;