Full Judgment
1. Instant petition is directed against the Award passed by the Labour Court dt.02.07.2008 by which the reference made by the Appropriate Government was answered in affirmative.
2. It was alleged by the respondent-workman in his claim application that he was appointed on daily wages basis on 01.06.1987 and worked upto 01.09.1993 and without any notice or salary in lieu thereof, in breach of Sec.25-F & H of the Act his services were terminated and when he was not allowed to join duties reference was made by the Appropriate Government vide its notification dt.07.04.1997 which came up for adjudication before the learned Labour Court and after affording opportunity of hearing to the respective parties the learned Labour Court recorded finding that he had worked from June,1987 to 30.08.1993 and without giving any notice or one month salary in lieu thereof and compensation which are pre-requisite condition u/S.25F of the Act,1947 the action of the authority was in violation of Sec.25F of the Act,1947. In para 9 of the Award it has also been recorded by the learned Labour Court that from the muster-roll placed on record his presence has not been marked from 01.09.1993 and since he had completed more than 240 days, the respondents were under an obligation to comply the mandatory provision contemplated u/S.25F of the Act,1947 and accordingly reference was answered in affirmative vide Award impugned herein dt.02.07.2008 and while quashing and setting aside the order of termination w.e.f.01.09.1993, the petitioner was directed to reinstate the respondent-workman with continuity of service but without back wages.
3. Counsel for petitioner has tried to convince this Court that the finding which has been recorded that his services were terminated is not supported by any evidence on record and the fact is that respondent-workman did not turn up after 01.09.1993 and thus there was no occasion for the petitioner-employer to terminate his services.
4. This Court does not find any substance in the submission made for the reason that if that being so it was always open for the petitioner to offer employment to the respondent-workman during the proceedings before the Conciliation Officer or pending proceedings before the Tribunal but after the final Award being passed the plea which has been raised is nothing but an excuse to save their skin and this Court does not find any manifest error being committed by the learned Labour Court while passing the Award impugned dt.02.07.2008 which may call for interference.
5. Consequently, the petition being devoid of merit, is hereby dismissed.