JUDGMENT

Gaurang Kanth, J. The present petition has been filed under Article 226 of the Constitution of India against the award dated 20.01.2004 ("the impugned award") passed by the Central Government Industrial Tribunal-cum-Labour Court II Delhi. Vide the impugned award, the learned Tribunal was pleased to hold that the petitioner Department falls under the definition of an `industry' under The Industrial Disputes Act, 1947 ("The I.D. Act"). It was also held by the learned Tribunal that actions of the Petitioner Department in terminating the services of Respondent no.2 and not regularizing him in the pay scale of Rs.750-940 is neither justified nor legal, therefore directed the Petitioner to reinstate Respondent no.2 with 25% back wages.

FACTS OF THE CASE RELEVANT FOR THE ADJUDICATION OF THE PRESENT MATTER ARE AS FOLLOWS:

2. Facts in a nutshell is that Respondent no.2 was engaged as a muster roll Beldar with the Petitioner in the year 1991 and was posted in Delhi circle. Respondent no.2 dispensed his duty at Humayun Tomb, Red Fort etc. which is under the care and control of the Petitioner. The dispute has its genesis from the time when Respondent no. 2 through his trade union ra