Honble Tarun Agarwala, J.—The services of the workman respondent No. 1 was dispensed with on 1.7.1978. The workman raised a dispute in the year 1991 and the matter with regard to validity and legality of his termination, was referred to the Labour Court for adjudication. The Labour Court made an award dated 31.8.1992 holding that the workman was working on a muster roll and had worked for more than 240 days in a calendar year and was entitled for retrenchment compensation before dispensation of his services. The Labour Court found that retrenchment compensation had not been paid, and therefore, held that the order of the termination was illegal. Having said so, the Labour Court instead of reinstating the workman, directed the employer, to pay retrenchment compensation and further directed that as and when a vacancy arises, the workman would be given a fresh appointment.

2. The employer and the workman both were aggrieved by the said award and filed separate writ petitions. The writ petition of the employer was dismissed and the writ petition of the workman was allowed by a judgment dated 11.11.2005. The Writ Court directed the employer to reinstate the workman and also awar