B.S.CHAUHAN, J. - (1.) THE instant writ petition has been filed against the impugned award dated April 4, 2001 (Annexure 4) by which the claim of the respondent workman had been accepted by the Labour Court.
(2.) THE facts and circumstances giving rise to this case are that the respondent workman claimed that he had worked from February 7, 1991 on daily wages and his services stood terminated vide order dated September 30, 1991 in violation of the provisions of the Industrial Disputes Act. The appropriate Government vide order dated September 3, 1993, made the following reference: 'Whether the services of the workman Harchad had been terminated vide order dated September 30, 1991 in accordance with law and if not, to what relief he was entitled.' After considering the entire evidence led by the parties before the Labour Court and hearing their arguments, the Court came to the conclusion that the workman had not completed 240 days in a calendar year counting backward from the date of termination. However, the employer did not maintain any seniority list as mandatorily required under Rule 77 of the Rajasthan Industrial Disputes Rules, 1957. More so, the alleged junior to him had been retained in service and after terminating the respondent workman, certain other persons namely, Hansraj, Avtar Singh etc. had been given appointment. Therefore, there was a flagrant violation of the provisions of Section 25 -H of the Industrial Disputes Act also.
(3.) IN view of the above, the Labour Court made the award in favour of the workman quashing the order of termination and further directed to treat the workman in continuous service with 50% of back wages from the date of reference till the date of award.;