workman was
entitled to be re-appointed in terms of Section 25H of the Act. After
completion of pleadings before the Tribunal, evidence ... before this court.
Learned counsel for the workman, while referring to Section
25H of the Act, submitted that where any workmen are retrenched
services of the workman in
breach of Sections 25F , 25G and 25H of the Industrial Disputes Act,
1947 and awarded Rs.2000 ... called for employment, thus, there is a
breach of Section 25H of the I.D. Act. The dispute was referred to
the competent Court, wherein
violation of the provisions
contained in Section 25F , 25G and 25H of the Industrial Disputes ... were illegally terminated in
violation of the provisions of Section 25F and 25H of the Act. It has been
found as a fact that
preparing a register of seniority in the manner contemplated under Section
25H . Assuming for a moment that the claim statement was not for
reinstatement ... employment in the manner contemplated under
Section 25H even then, the provision would be attracted only if there was a
case of retrenchment defined under
allegedly in contravention of the
provisions of Sections 25F , 25G and 25H of the Industrial Disputes Act,
1947 (hereinafter referred ... violation of the
provisions of Sections 25F , 25G and 25H of the Act and the persons with
inferior rights were subsequently appointed as daily-wage
meeting chaired
by the Chief Minister of Orissa on 25h July, 2003, wherein
the progress of the project was discussed and it was
resolved that
such workman without following the mandatory requirement of
Section 25F and 25H , the Labour Court was not justified to decline the
reinstatement to the workman
calendar year and he is entitled to benefits
under Section 25F , 25G , 25H of the ID Act and Rule 77 of the Industrial
Disputes Rules
basis that there had been a violation
of Sections 25G and 25H of the Act, but, the same by itself, in our opinion,
would
also contended that, the termination is
violation of Section 25G and 25H of the Industrial Dispute Act,
1947.
6. The writ petitioner filed a counter
