HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 07/04/2017 This appeal is preferred to question correctness of the judgment dated 18.10.2016 passed by learned Single Bench accepting the writ petition preferred by the employer Bank, giving challenge to the award dated 26.04.2003 passed by the Industrial Tribunal & Labour Court, Bikaner in Industrial Dispute Case No.4/02.
Learned Single Bench after examining entire record of the (2 of 2) [SAW-79/2017] case arrived at the conclusion that the Labour Court erred while arriving at the conclusion that the workman was retrenched from service and, therefore, he is entitled for reinstatement in service.
From perusal of the facts stated in the award impugned as well as in the judgment passed by learned Single Bench, it is apparent that the workman remained in employment of the employer in several breaks for a small term of either 80 or 90 days. He was also not found in continuous service as defined under Section 25-B of the Industrial Dispute Act, 1947 preceding one year from the date of his alleged retrenchment. An important aspect of the matter is that in the year 1987 an opportunity was given to the petitioner to face the process of selection for promotion on permanent basis but he did not avail the same.
In entirety, we do not find any just reason to interfere with the order passed by the learned Single Bench. The appeal is dismissed for the reasons as given by the learned Single Bench.
(VINIT KUMAR MATHUR)J. (GOVIND MATHUR)J.
Ramesh/15
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