though the case is again pertaining to
Badli workman, it is altogether on a different
footing, inasmuch as in such reported case the
issue ... which provides several conditions precedent
to retrench the workman and provides that no
workman employed in any industry, who has been in
continuous service
action of
the respondent- Department in terminating the
services of the workman w.e.f. 1.4.1992 is a
case of retrenchment as defined under Section ... fact and held that the order of termination
passed against the workman is bad in law, the
same being void ab initio
action of
the respondent- Department in terminating the
services of the workman w.e.f. 1.4.1992 is a
case of retrenchment as defined under Section ... fact and held that the order of termination
passed against the workman is bad in law, the
same being void ab initio
that therefore
extending benefits of the resolution dated 17.10.1988 to such
workmen is bad in law.
4. The issue involved in these appeals are squarely
completion of irrigation work, the respondent-
workman was not re-engaged after January, 1998.
The respondent-workman, therefore, raised the
industrial dispute which was culminated ... correct
the name of the said workman. Learned AGP
submitted that the impugned award is bad, illegal
and perverse and, therefore, the same
26th May 2004 was bad, illegal
and hence required to be quashed and set aside and the workman was
ordered to be reinstated without back ... conclusion that the order of termination
being bad, which required to be quashed and set aside. The workman
established unequivocally that he had completed
increments with future effect
imposed upon the workman by the petitioner-employer
was held to be bad and came to be set aside
order impugned deserves to be
quashed and set aside and the workman is required to
be reinstated.
7. This Court is of the considered view ... workman in the charge-
sheet, which was in respect of the workman's conduct
hampering the production activities and setting out
the bad precedent
whereby the Labour
Court directed reinstatement of the respondent-workman
on his original post, but without backwages.
3. It appears that the respondent was employed ... services was
bad in law and was in breach of mandatory provisions
of the Industrial Disputes Act, 1947 , the workman
invoked the jurisdiction
whereby the Labour Court
rejected the respective Recovery Applications of the
petitioners-workmen filed under Section 33-C(2) of the
Industrial Disputes ... heads by individual
workman.
4. Learned advocate for the petitioners
contended that the order of rejection of Recovery
Application was bad in law in asmuch