- (1.) Aggrieved of the award dated 15th March, 2004; the State-petitioners have instituted the writ proceedings with a prayer to quash and set aside the impugned award.
(2.) Shorn off unnecessary details, the skeletal material facts essential for appreciation of the controversy raised herein are that the respondent-workman (Late Shri Har Chandi deceased), was engaged on 1st January, 1987; on daily wages basis. His services were terminated on 20th September, 1988, without any notice, notice pay and retrenchment compensation as contemplated under the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947', for short). On an industrial dispute raised by the respondent-workman, the Labour Court, Bharatpur, on a consideration of statement of claim, response filed on behalf of the petitioner-employer, evidence adduced by the parties and materials available on record; answered the reference in negative and in favour of the deceased workman with a direction for reinstatement along with 25% of back wages and continuity of service.
(3.) Learned counsel for the State-petitioners/employer, reiterating the pleaded facts and grounds of the writ application, asserted that the respondent-workman was engaged on daily wages basis. It is further contended that his services were neither terminated nor he was removed rather he voluntarily left/abandoned the employment. Moreover, the respondent-workman was engaged in the Drought Relief Scheme. Further, having regard to the short duration of his engagement; the direction issued by the Labour Court for reinstatement with continuity of service as well as back wages to the extent of 25%; is illegal, arbitrary and contrary to the materials available on record.;