JUDGMENT

S.B. Sinha. J.—Leave granted.

2. This appeal is directed against a judgment and order dated 3.6.2004 passed by a Division Bench of the Rajasthan High Court whereby and whereunder an intra-court appeal filed by the appellant herein from a judgment and order dated 23.4.2004 passed by a learned Single Judge affirming an Award of the Central Government Industrial Tribunal-cum-Labour Court (CGIT) dated 13.9.1999 was dismissed.

3. The respondent herein was a casual workman. He had worked with the appellant-Bank from 6.8.1994 till 17.11.1994. His services were terminated. An industrial dispute was raised by him culminating in a reference made by the Appropriate Government to the Industrial Tribunal which reads as under:

“Whether the action of the management of SBBJ, Jaipur is justified in terminating the services of Workman Shri Om Prakash Sharma S/o Shri Sita Ram Sharma w.e.f. 19/11/94 and employing another junior workman Shri Vijay Kumar in his place without giving any opportunity of employment in violation of section 25H of ID Act, 1947? If not what relief the workman is entitled?”

4. Before the Labour Court, a contention was raised as to whether the provisions Section 25H of the I