MOHD YUSUF Vs. LABOUR COURT

JUDGEMENT

(1.) HEARD learned counsel for the parties

(2.) THESE two petitions arise out of the same award given by Labour Court, Jodhpur, dated April 5, 1999, reinstating the employee with effect from the date of termination of his services with all consequential benefits with the rider that for the purposes of fixation and promotions the period from date of termination to the date of reinstatement shall not be counted and he shall be reinstated at the lowest of the pay-scale applicable to driver. It was also directed that until February 1992 when the workman was reinstated in pursuance of the award made in these proceedings earlier, he shall be entitled to Rs. 15,000 in lump sum, and from September 28, 1995 when his services were again terminated to the date of his reinstatement, he was awarded 20 per cent of the back wages which would include the minimum of the pay-scale with dearness allowance payable thereon and no other amount shall be payable as arrears under the award. Parties to the award are Rajasthan State Road Transport Corporation-employer, and Mohd. Yusuf-employee, between whom this dispute has arisen.

(3.) PETITION No. 3992 of 1999 has been filed on behalf of the employer challenging the award, dated April 5, 1999. The employer has challenged the award inter alia on the ground that before directing reinstatement of the employee he was not awarded any opportunity to justify the dismissal of the workman by treating it to be punitive for which an opportunity was sought and also that before the termination of the services the workman had not actually worked for 240 days within the meaning of Section 25-B (ii) of the Industrial Disputes Act, and, therefore, the award of reinstatement is not sustainable.