MOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEFORE commencing the arguments, it was submitted by the learned counsel for the appellant that in other identical cases notices have been issued by another Division Bench of this Court and the matters are going to come up for hearing on notice on October 17, 2000, therefore, it was prayed that this matter be also adjourned to October 17, 2000. This request has to be rejected because number of writ petitions of similar nature were dismissed by this Bench itself in limine. Thus, it becomes a precedent and we are bound by our own order.

(2.) FROM the impugned award passed by the Labour Court it is clear that the appellant petitioner had worked for few months, to be precise from February 1990 to April, 1991, as Chowkidar and that too on daily wages basis as an unskilled labour. The Labour Court found that the termination of the workman was illegal, therefore, held that termination was bad. However, instead of passing the order of reinstatement with back wages, the Labour Court awarded compensation of Rs. 28,000/-to the workman. Aggrieved of this award the workman filed writ petition before this Court which was dismissed by the learned single Judge on May 23, 2000. Hence, this special appeal.

(3.) RELYING upon the Supreme Court judgment in case of Management of M. C. D. v. Prem Chand Gupta and Anr. , AIR 2000 SC 454 : 2000-ILLJ-533 learned counsel for the appellant workman vehemently submitted that both the Labour Court as well as the learned single Judge of this Court committed error in not passing the order of reinstatement with back wages. Mr. Chaudhary submitted that the learned single Judge was wrong in dismissing the writ petition on the ground that the termination was dated March 1, 1991 and the reference was made on April 13, 1994 and the award was passed on February 26, 1999. He submitted that merely because there was a delay in passing the award after the date of retrenchment, the workman should not have been denied reinstatement and for no fault of him he should not be made to suffer.