- (1.) The appellant State has challenged the judgment of Single Bench dated 16.12.2002 whereby the award of Labour Court dated 27.4.2000 reinstating the respondent-workman with continuity in service and back wages was upheld.
(2.) Respondent-workman is stated to have been engaged on daily wages as Cattle Guard in the Forest Department on 1.7.1982. His services were terminated with effect from 1.12.1991. He thereafter raised an industrial dispute on 28.12.1993 which was referred to the Labour Court in 1994. Although the management had pleaded that the respondent-workman had abandoned his job in March 1985, the Labour Court in its award held the termination of respondent-workman to be in violation of the provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (for short 'the Act'), and directed his reinstatement with continuity of service and back wages.
(3.) The learned counsel for the appellants has contended that the respondent-workman who was reinstated after the award of the Labour Court has now retired from service. He further states that the respondent-workman who had worked for only a short period of time had abandoned his job and hence, he was not entitled to the back wages.;