Prem Shanker Asopa, J. - (1.) The petitioner management has challenged the award of the Central Industrial Tribunal dated 11.1.1995 whereby the workman was reinstated in service along with arrears of salary and other benefits as per rules after declaring the termination dated 1.11.1987 as illegal on account of violation of 5 Section 25-G & H of the Industrial Disputes Act, 1947 (hereinafter to be referred as the Act, 1947).
(2.) Briefly stated the relevant facts are that the respondent workman was appointed on 3.7.1987 and he continued till 31.10.1987 and further on 1.11.1987 without assigning any reason he was terminated from service.
(3.) Although the workman has submitted before the Central Industrial Tribunal that the petitioner management has violated the provisions of Section 25-F, G & H of the Act, 1947. The learned Judge of the Central Industrial Tribunal found that the petitioner has worked for 95 days, therefore, he is not entitled for the protection of Section 25-F but the learned Judge of the Central Industrial Tribunal found that the petitioner management has retained the Junior person in service and has further made recruitment. Thus, violated Section 25-G & H, which are independent of Section 25-F The findings of the learned Judge of the Central Industrial Court on the aforesaid issue reads as under:;