ARUN BHANSALI,J. - (1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-employer aggrieved against the award dated 21/3/2017 passed by the Labour Court, Bhilwara, whereby, the claim raised by the respondent-workman has been accepted and it has been held that the services of the workman were terminated on 16/4/2009, the workman did not remain voluntarily absent, his termination was not valid and, therefore, he was entitled to be re-employed on the post which he held. The workman was also held entitled to 50% of the back wages for the period 16/4/2009 till he is re-employed.
(2.) The respondent workman raised the industrial dispute before the conciliation officer on 14th July, 2009 inter alia with the submissions that the petitioner company terminated his services w.e.f. 16/4/2009; on failure of conciliation proceedings the dispute was referred by the appropriate Government to the Labour Court, Bhilwara for adjudication by its notification dated 18/1/2010. It was inter alia claimed by the workman that he was in employment of the company since 7/4/2007 and his services were terminated on 16/4/2009, despite completing 240 days in each calendar year provisions of Industrial Disputes Act, 1947 ('the Act') were not followed and, therefore, for violation of the provisions, his termination was illegal and, therefore, he be reinstated back in service with full back wages.
(3.) Reply to the statement of claim was filed by the petitioner denying the submissions made in the application. It was inter alia contended that the workman served till 16/4/2009 and from 17/4/2009 he remained absent voluntarily, for which notices dated 25/4/2009 and 14/5/2009 were sent, despite that he did not appear and as no termination took place there was no requirement to give retrenchment compensation and, therefore, the claim deserves dismissal.;