1. By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner/employer has challenged concurrent judgments of Labour Court and Industrial Court granting relief of reinstatement with full back wages to respondent No. 1/employee. This Court has on 26/10/2005 while issuing rule in the matter, granted stay only to back wages and consequently respondent No. 1 has been reinstated in December, 2005.

2. Advocate Mehadia for the petitioner states that respondent No. 1 was working on contract basis and was being paid Rs. 450/- per month and as such her termination could not have been held to be retrenchment under Section 25-F of the Industrial Disputes Act. It is further argued that merely because the provisions of Section 25-F are found to be violated, relief of reinstatement with full back wages could not have been granted. He also invites attention to judgment of Hon'ble Apex Court in case of Indian Drugs & Pharmaceuticals Ltd. vs. Workmen, Indian Drugs & Pharmaceuticals Ltd. (2007) 1 SCC- 408 in support of his contention. Lastly, it is argued that the Labour Court could not have granted full back wages because in the present matter, ther