VIJAY BISHNOI, J. - (1.) THIS writ petition has been preferred by the petitioner against the judgment and award dated 13.07.2004 passed by learned Central Administrative Tribunal, Jaipur (for short 'the tribunal' hereinafter), whereby the learned tribunal has answered the reference while holding that the DRM, Northern Railway, Bikaner is justified in terminating the services of the petitioner -workman on 04.08.1989 and the petitioner -workman is not entitled to get any relief.
(2.) THE case as set up by the petitioner in this writ petition is that the petitioner was engaged as a part time sweeper by the respondents for working at Prithvi Rajpura Railway Station w.e.f. 01.12.1988 to 1989 and as such he had completed 240 days in one calendar year but the respondent No.1 did not pay any compensation to the petitioner as per the provisions of section 25F of the Industrial Disputes Act, 1947 (for short 'the Act of 1947') and has terminated the services of the petitioner in violation of section 25F, 25G and 25H of the Act of 1947 and the Rules 76, 77 and 78 of the Central Industrial Disputes Rules. 3. The learned tribunal, after considering the evidence produced on behalf of the parties, has rejected the claim of the petitioner, while giving a finding that the petitioner was appointed on part time basis and his services were not terminated but he himself abandoned the services of the respondent. The learned tribunal has also held that the petitioner had raised industrial dispute after an inordinate delay of more than eight years and therefore, he is not entitled to get any relief.
(3.) LEARNED counsel for the petitioner has argued that the learned Tribunal has erred in passing the impugned award while holding that there was an inordinate delay in raising the industrial dispute on the part of the petitioner. The learned counsel for the petitioner has further submitted that the petitioner had completed 240 days in one calendar year and, therefore, his termination from the service of the respondent, without complying with the provisions of section 25F of the Act of 1947, is perse illegal and liable to be quashed and set aside.;