Mohammad Rafiq, J. - (1.) The petitioner Banshi Lal has in this writ petition challenged the award dated 27.4.2002 passed by learned Labour Court, Jodhpur.
(2.) A reference was made to the Labour Court by appropriate Government vide notification dated 10.3.1999 on the question whether the removal of the petitioner-workman from service by the respondents w e.f. 25.8.1990 was legal and justified and if not, what relief the workman was entitled to.
(3.) According to the averments made in the statement of claim of the workman, he was appointed by verbal order of Assistant Engineer, PHED Division-III yd Lift Canal, Jodhpur on 1.4.1990 on daily wages basis @ of Rs. 14/- per day which was later on enhanced to Rs. 22/- per day. Suddenly the respondent by verbal order terminated his services on 24.8.1990 without making compliance of the provisions of sections 25G & 25H of the Industrial Disputes Act, 1947 (for short the Act) and Rule 77 of the Industrial Dispute (Central) Rules. The respondent did not serve the petitioner-workman with a notice prior to his removal. While all those who were engaged with him namely Jagat Singh, Mohan, Jaina Ram and Jagdish were still continued in job but the petitioner was removed from the service. It was, therefore, prayed that the termination of his services be declared illegal and improper and the respondent be directed to reinstate him with continuity in service and back wages.;