The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner/employer being aggrieved by the
Award dated 31.01.2023 (Annexure P/1) passed by the Labour Court
No.2, Gwalior in Case No.24/A/I.D.Act/2016 (Reference), by which the
termination of the services of the respondent has been held to be bad
and direction has been issued for reinstatement alongwith 25% back-
wages.
2. Short facts of the case are that initially, the respondent/workman
was engaged as Steno-typist in the respondent/department in the year
2007 and his services were terminated on 28.09.2009 by an oral order.
2
Against the said termination, a Writ Petition No.5657 of 2015(S) was
filed by the respondent/workman before this Court, which was
dismissed vide order dated 14.10.2015, with a liberty to the
respondent/employee to raise an industrial dispute and on the basis of
the said liberty, the respondent had raised a dispute before the Labour
Commissioner, Indore, where conciliation proceedings ended into
failure and the case was referred to Labour Court No.2, Gwalior for
adjudication of the industrial dispute. The terms of reference before the
Labour Court is reproduced below:-