JUDGMENT - KAMDAR S.U., J.: - By the present petition, the petitioner is challenging the award passed on 11-3-2002 by the learned Presiding Officer of 4th Labour Court in which the petitioner was directed to reinstate the respondent in service with continuity of service and full back wages with effect from 5-2-1998. The brief facts of the case are as under :

2. The respondent was appointed as a Stenographer in the petitioner company and he was in employment with effect from 14-1-1993. On 5-1-1998, it is the case of the petitioner that the company issued a notice to the respondent for retrenchment on the ground of poor business and gave a 30 days notice in compliance with the provisions of section 25-FA of the Industrial Disputes Act, 1947. On 13-2-1998 the respondent was offered the dues of his retrenchment compensation of sum of Rs. 10,437.50 in accordance with the provisions of section 25-FB of the Industrial Disputes Act, 1947. On 27-4-1998 the respondent returned the said cheque and contested the case of retrenchment from the job.

3. Pursuant thereto the respondent has invoked the provisions of the Industrial Disputes Act and has raised a reference being Reference (I.D.A.) No. 38

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