STATE OF RAJASTHAN Vs. PREMCHAND

JUDGEMENT

(1.) THIS matter comes up for orders on application under Section 17B of the Industrial Disputes Act, 1947. Having heard the learned Counsel for the parties we deem it just and proper to dispose of appeal itself, as it concerns the dispute about termination of service of respondent No. 1 w.e.f. 1.1.1983 while he was working as helper in the Directorate of Agriculture, Bikaner.

(2.) THE appeal is against the order passed by learned single Judge on 31.8.1989 by which the petition filed by the appellants against the award of labour court reinstating the respondent No. 1 by finding that the termination of the service were invalid because of infraction of the provisions of Section 25F of the Industrial Disputes Act, 1947. The court has agreed with the finding of the Labour Court that respondent Premchand was entitled to protection under Section 25F of the Industrial Disputes Act and the concerned department having failed to comply with the conditions laid down under Section 25F of the Industrial Disputes Act his retrenchment was illegal. By way of operation of the award has been stayed by this court in appeal to the extent award directing the payment of back wages. There was no stay of the award of reinstatement of the workman.

(3.) IN these circumstances we accept the contention of the learned Counsel for the appellant that the respondents claimant was duly reinstated after the award was made which is subject matter of challenge in these proceedings and the order as to reinstatement has been complied with. If there is any subsequent disputes, that may become subject matter of fresh and new dispute which cannot be examined and adjudicated in these proceedings. If the appellants are of the opinion that the respondent No. 1 after being reinstated has again abandoned job or has not complied with the directions, it is open for them to take appropriate proceedings about the alleged misconduct of abandoning the job or insubordination in accordance with law, and the employee has his own remedies against such subsequent actions of the employer.