- (1.) The present writ petition has been filed challenging the award dated 8.9.1999 by which the Labour Court has ordered reinstatement of respondent-Jamil Ahmed along with 50% back wages from 10.2.1999.
(2.) The respondent no.2 Jamil Ahmed approached the Conciliation Officer, inter alia, alleging that he had been retrenched illegally. A reference was made vide Notification dated 10.2.1993 on the basis of which a case was registered before the Labour Court, Bikaner. Respondent no.2 submitted his claim petition contending that he had worked from 15.11.89 to 16.11.1990 as daily wager and thereafter, by a subsequent order he was retrenched. Respondent no.2 further contended that neither notice of one month was given nor wages for the notice period were paid, as such, the retrenchment was illegal. It was also contended that before making the retrenchment, no seniority list was prepared and retrenchment was made without considering seniority. Resultantly, the retrenchment was made in violation of provisions contained in Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (for short 'the Act of 1947') .
(3.) The respondent- the petitioner herein, filed a detailed reply giving details that claimant had worked only 155-1/2 days and it was averred that initially the claimant worked only upto 24.4.1990 and, thereafter, in July, 1990 and then in August, 1990, the claimant worked in various different divisions of the establishment on different occasions, but did not work for more than 240 days in a calendar year. In the reply it was also submitted that the nature of the work was seasonal work and not continuous. The petitioner himself did not come back to work and there was no violation of any of the provisions of the Act.;