JUDGMENT

The award of the labour court dated 4.3.2021 reinstating the workman without any back wages is under challenge on behalf of the petitioner management.

2. According to the claim statement of the respondent workman, from 2012 was holding a post of Gardner in Attukal Bhagavathy Temple Trust, Thiruvananthapuram and after having rendered 5 years of service in the month of July 2017, his services were terminated. The service during the period of employment was without any engagement or any misconduct or otherwise. The termination was against the provisions of Section 25(F) of the Industrial Dispute Act. Petitioner management contested the aforementioned claim and denied that he was not in continuous service and had not rendered 240 days in a year bringing the case within the provisions of the Industrial Dispute Act or definition of workman. In fact he was an autorickshaw driver and had been engaged on daily wages as per the exigencies. There was a crime case bearing No.1748 of 2017 was registered under Section 440, 506(ii) and and 34 of the IPC registered against the respondent workman.

3. Learned counsel appearing on behalf of the petitioner submitted that the finding of the labou