RAJASTHAN LALIT KALA ACADEMY Vs. RADHEY SHYAM

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-management has challenged in this appeal the judgment and order dated 1st December, 2005, passed by the High Court of Judicature for Rajasthan at Jaipur in D.B. Special Appeal (Writ) No. 279 of 2001, dismissing the intra-court appeal against the order of a learned Single Judge in S.B. Civil Writ Petition No. 1895 of 1998. The learned Single Judge had affirmed the award of the Labour Court in L.C.R. No. 348 of 1985, directing reinstatement of the respondent-workman with continuity of service and 25% back-wages from the date of termination of his services to the date of award.

(3.) A few material facts leading to these proceedings, are as follows : The respondent was appointed on 7th June, 1980 on a monthly salary of Rs. 300/-to do the work of a Junior Clerk. On 4th April, 1981 his services were terminated. On an industrial dispute being raised, the Industrial Tribunal, Jaipur, by an award dated 24th September, 1983, set aside the order of termination and directed reinstatement of the respondent with effect from 24th September, 1983 with 50% back-wages. The respondent claims to have submitted his joining report on the very next date of award. The award was published under Section 17 of the Industrial Disputes Act, 1947 (for short the Act) on 17th April, 1984. The respondent again submitted his joining report to the Secretary of the appellant but was not taken back on duty.