- (1.) The instant writ petition has been filed challening the award dated 28.2.2001 passed by the Labour Court by which the claim of the respondent workman has been allowed.
(2.) The facts and circumstances giving rise to this case are that the respondent workman raised the industrial dispute and the appropriate Government, vide order dated 29.7.1997, made a reference as to whether the termination of the services of the respondent workman w.e.f. 1.6.1994 was in accordance with law and if not to what relief he was entitled. In pursuance of the said reference, the respondent workman filed a claim before the Labour Court to the effect that he had worked from 28.7.1993 to 31.5.1994 and his services had been terminated w.e.f. 1.6.1994 without complying with the provisions of the Industrial Disputes Act. The evidence was led before the Labour Court and after appreciating the said evidence it recorded the following findings of facts: (1) The workman had worked from 28.7.1993 to 31.5.1994. (2) He has worked for more than 240 days in a calender year counting backward from the date of termination. (3) That his services had been terminated in flagrent violation of the provisions of the Industrial Disputes Act particularly Section 25(F) of the Act.
(3.) In view of the above, claim of the respondent workman has been allowed by the impugned award directing the reinstatement. However, on account of backwages, he has been awarded 25% of the backwages from the date of reference i.e. 29.7.1997 till the date of award. Hence, this petition.;