JUDGMENT

(Dated this the 7th day of February 2024)

The petitioners are the partners of a saw mill. They have approached this court for quashing Ext.P1 award in I.D. No.28 of 2022, whereby the 2nd respondent herein/workman was directed to be reinstated in service with 50% back wages from the date of denial of employment till the date of reinstatement with continuity of service and all attendant benefits.

2. The short question to be considered is whether there has been any denial of employment to the 2nd respondent by the petitioners.

3. The workman joined the saw mill in the year 2007 and according to him, on 28.2.2019 he was terminated from service without any reason. Though he requested for reinstatement, the management did not do so. Therefore, a complaint was filed before the Labour Officer and conciliation proceedings started.

But it did not end in a positive way. Therefore, an industrial dispute was raised and I.D. No.28/2022 was registered.

4. Before the Labour court, the management filed a written statement contending that the workman /petitioner was not engaged from 2007 onwards. The main avocation of the workman is headload work and he worked in the saw mill for the first time