Sujit Narayan Prasad, J. - (1.) This writ petition has been filed in the exercise of power conferred under Article 227 of the Constitution of India whereby the award in Reference Case No.22/2014 dated 06.04.2015, has been passed for engagement of the workman without giving any back wages.
(2.) Learned counsel for the respondent-Management by assailing the argument has submitted that the reference has been answered on the basis of document produced by the workman which was obtained under the Provision of Right to Information Act showing therein that the workman has already worked for a period of 293 days and hence, the evidence led by the Management has not been appreciated by the Tribunal and as such, the award cannot be said to be with application of mind rather it is mechanical and cryptic.
(3.) Mr. Waris, learned counsel for the respondent-Workman, has submitted that although the award has been passed by making reference with respect to the document produced under Right to Information Act, 2005 but from the counter-affidavit filed by him on behalf of workman it can be demonstrated that the evidence has been led by the workman showing therein that the petitioner has performed continuous service of 240 days and as such, before retrenching the workman from service the condition prescribed under the Provision of 25-F of the Industrial Disputes Act, 1976 ought to have been complied with since it has not been complied therefore the Tribunal by accepting the document obtained by the petitioner under the Provision of Right to Information Act showing that the petitioner has performed duty for 293 days has answered the reference in favour of the workman hence, there is no infirmity.;