JUDGMENT :

The instant writ petition has been filed by the petitioner-employer challenging the award dated 31st October, 2018, whereby the Industrial Tribunal has answered the reference made to it by the State Government with regard to termination of services of the respondent-employee.

2. Learned counsel for the petitioner – employer submitted that the Labour Court, while answering the reference, has come to the conclusion that the respondent-employee was employed as Driver from December, 1999 to 30th November, 2002 with the present petitioner and he was not an employee of the contractor, through whom, he was sent to the petitioner’s Department.

3. Learned counsel for the petitioner submitted that benefit of continuity has been granted to the respondent-employee and he has also been awarded 25% backwages from the date of termination of service, i.e., 01st December, 2002.

4. Learned counsel for the petitioner has made following submissions, while assailing the award passed by the Labour Court:

(4.1) The Labour Court did not afford adequate opportunity to the petitioner to file reply to the statement of claim and further, no opportunity was granted to lead evidence and as such, the ex-pa