STATEMENT OF FACTS

1. The respondent was appointed as a ticket verifier on 07.07.1984 and worked till
30.06.1985 as daily wager.

2. There was a contract of service between the petitioner and the respondent and under
that contract, he was appointed initially for a period from 07.07.1984 to 30.07.1984
and thereafter from 01.08.1984 to 31.08.1984 and in this way his contract was
renewed from time to time and lastly from 01.06.1985 to 30.06.1985.

3. The respondent was terminated from his service without assigning any reason and
without compliance of Section 25F and 25H of the Industrial Disputes Act.

4. Termination was incompliant with Section 25F as no retrenchment compensation and

salary in lieu of one month's notice had been paid although he had completed 240
days in the calendar year and his termination was in violation of provisions of Section
25H for the reasons that while his services were terminated, his juniors were retained.
Hence, his termination was illegal.

5. The claim against the same was filed by the respondent workman against the
Management before the Labour Court.

6. The petitioner before the Labour Court contended that the workman had not
completed 240 days in one calendar year and second that the workman was appointed
with effect from 07.07.1984 and he worked up to 30.06.1985 and he was not
appointed thereafter and his services were discontinued in terms of his appointment.

7. The petitioner did not submit any other contention including that the case should be
covered under Section 2(oo)(bb) of the Industrial Disputes Act, 1947.

8. The Presiding Officer of the Labour Court gave his decree dated 07.02.2002. Vide
this award, the petitioner had been directed to reinstate the respondent workman with
full back wages and continuity in service.

9. It is this order of the Labour Court dated 07.02.2002 which is being challenged in the
present writ petition.