- (1.) PRESENT writ petition has been filed by government College, Sector-1, Panchkula (Haryana) through its Principal Shri Raghbir chand Goyal challenging impugned award (Annexure P-8) dated April 20, 2006 passed by the Labour Court, Ambala, whereby it has been ordered that respondent No. 2 Ram Karan (hereinafter called the 'workman') is entitled to reinstatement with continuity in service with full back wages.
(2.) RESPONDENT-WORKMAN had served a demand notice, on which following reference was sent to the Labour Court: "whether the termination of services of workman Ram Karan is justified or not? If not so to what relief is he entitled"
(3.) THEREAFTER, respondent-workman submitted claim statement (Annexure P-3), in which it was stated that he was employed by the petitioner-management on September 5, 1997 as a Chowkidar and his full salary was Rs. 2900. 00 p. m. and that subsequently, his salary was reduced to the half of his original salary, i. e. Rs. 1450/- p. m. It was averred therein that his services were illegally, terminated on september 3, 2002. The management filed written statement (Annexure P-4 ). It was stated therein that the respondent-workman had worked on contract basis from December 12, 1998 to March 30, 2002 with intermittent breaks. Issues were framed and parties led their evidence. Learned Labour Court in para 15 of its award, held that the workman, had put in more than 240 days of, continuous service in the last 12 preceding months before the date of his termination, i. e. March 30, 2002, and concluded as under: "27. Keeping in view my findings in the aforesaid issues, the claim petition of the petitioner succeeds and the same is hereby accepted with costs. Accordingly, the impugned order of the respondent thereby terminating the services of the petitioner-workman is hereby set aside being wrong, illegal and null and void and the respondent is directed to reinstate the petitioner-workman along with all the consequential service benefits including continuity of service and full back wages. ";