1. The petitioner has challenged the award, dated 21 February, 2002, by which the Labour Court, Jaipur while holding the termination of services of respondent No. 1 the concerned workman as illegal and unjustified, has directed the petitioner to reinstate the concerned workman with 50 per cent of back-wages.
2. After hearing learned counsel for the petitioner, I have carefully gone through the material on record and also the impugned award. The Labour Court on the basis of evidence and documents on record came to the finding of fact that the concerned workman had worked for more than 240 days in last 12 calender months. However, compliance of S. 25F of the Industrial Disputes Act has not been made. I find no error or illegality in the above findings so as to call for any further interference by this Court. However, looking to the nature and period of employment, as also the termination been of the year 1989, in the facts and circumstances of the present case, I find no justification to allow any back-wages to the concerned workman.
3. Accordingly, the writ petition is partly allowed and the impugned award, dated 21 February, 2002, is modified to the extent that the concerned workman shall be entitled for reinstatement from the date of award, i.e, 21 February, 2002. However, she shall not be entitled for any benefits prior to the above date. Since the termination was made way back on 1 April, 1989, in the interest of justice, 1 deem it proper to direct the petitioner to reinstate the concerned workman within 30 days of the receipt of certified copy of this order and make the payment of salary with effect from 21 February, 2002 within 30 days thereafter.