Ajay Rastogi, J. - (1.) INSTANT intra -court appeal is directed against order of the ld. Single Judge dt. 28.02.2006 confirming award dt. 04.03.2005 passed by the ld. Labour Court, Bharatpur answering the reference in affirmative terms holding that the respondent was not engaged as Apprentice Trainee and being workman his services have been terminated vide order dt. 16.03.1996 without due compliance of the mandate of S. 25F of the Industrial Disputes Act, 1947, directed the appellant -employer to reinstate the respondent -workman with continuity of service along with 40% back wages.
(2.) BRIEF facts of the case are that the respondent passed diploma (Civil) in the year 1993 and sent his application to the Secretary, Rajasthan Housing Board, Jaipur with the request that for seeking employment in future, there is always a condition to work as an Apprentice and since few of his batch -mates are working as Apprentice Trainee in the Alwar office of Rajasthan Housing Board, his application may also be considered for providing Apprentice Training to him. His application was examined by the Secretary, Rajasthan Housing Board, Jaipur and vide office order dt. 11.01.1995 Engineering Graduates/diploma holders were allowed to be engaged as Apprentice Trainee for one year against the notified vacancies on a fixed stipend of Rs. 1,128/ - per month for degree holder; & Rs. 800/ - per month for diploma holders, from the date of their joining and the Local Officer was directed to execute contract, as required by the Assistant Central Apparent. Adviser Extension Centre Incharge, Board of Apprenticeship Training, Jodhpur before granting permission to join and no TA & DA will be paid & liable for the above training, as per the Rules. In compliance of order of Secretary of the Board, the Resident Engineer, Alwar passed order on 19.01.1995 engaging the respondent as Apprentice Trainee for a period of one year from the date of his reporting on duty i.e. 16.01.1995. After the respondent completed his Apprentice Training in the office of Rajasthan Housing Board, Alwar, a certificate was issued by the Resident Engineer, Rajasthan Housing Board, Alwar indicating that the respondent had worked as Apprentice Trainee, Diploma (Civil), from 16.01.1995 to 15.01.1996. However, without there being any order of extension or offer of appointment in favour of the respondent, it was further certified that he worked as an employee till 15.03.1996 and to support thereof, no documentary evidence was on record, in reference to which, as alleged, he was allowed to continue in service or any salary or wages was paid to the respondent, for the period he worked after completion of period of Apprentice Training on 15.01.1996.
(3.) THE respondent treating it to be his illegal retrenchment, approached the Conciliation Officer and a reference was made by the State Government vide its notification dt. 29.05.1997 which reads ad infra: - - ;