Madhya Pradesh High Court
M.P.State Tourism Dev.Corpn. vs Laxmi Narayan &Ors.; on 27 April, 2015
1
W. P. No.4351-1998
30.4.2015.
None for either of the parties.
The petition is of the year 1998. It has been filed against the
award dated 5.2.1997 passed by the Labour Court. The appropriate
government referred the dispute before the Labour Court that
whether the termination of service of respondent was proper or not,
if not what relief he was entitled for. Before the Labour Court the petitioner was ex-parte. The respondents pleaded that he was engaged in service on 17.2.1989 and his services were terminated in July, 1992. He had been working continuesly for more than 240 days in a calender year, his services were terminated without payment of retrenchment compensation. Hence, termination of service was in violation of Section 25-F of Industrial Dispute Act.
The Labour Court after appreciation of evidence has held that the respondent had been working continuesly since 17.2.1989 to July, 1992 for more than 240 days in a calender year and his services were terminated without payment of retrenchment compensation, hence, termination of service was in violation of Section 25-F of the Industrial Dispute Act. Aforesaid findings are based on proper appreciation of evidence. The Labour court has only ordered for reinstatement with 1/3 back wages. In my opinion, the award passed by the Labour Court is in accordance with Law. I do not find any merits in this petition, it is hereby dismissed.
(S. K. Gangele) Judge kkc