ARJUN SINGH Vs. LABOUR COURT JODHPUR

JUDGEMENT

(1.) ALL these petitions are disposed of by this common judgment and order as the common question of law is involved in all these petitions. WRIT PETITION NO. 3280/98 ARJUN SINGH VS. LABOUR COURT & ANOTHEr

(2.) WORKMAN Arjun Singh was appointed purely on daily wage basis by an oral order dated 1. 1. 1988. He continued to work till 31. 3. 1990. During this period, he had worked at different places like Phalodi, Bhojasar, Lohawat, Osian and Jamba etc. for the purpose of preparing roads. His services were terminated by an oral order dated 1. 4. 1990. The case of the Department was that he left the job on his own. However, the Labour Court did not accept the case of the Department. It held that the workman worked for more than 240 days and before terminating his services the provisions of Sec. 25 F of the Industrial Disputes Act were not followed. It also observed that from the date of his termination i. e. 31. 3. 1990 till passing of the award i. e. 27. 8. 1998 period of more than 8 1/2 years have passed and during that period he had learnt other work, therefore, the learned Judge was of the opinion that even if the workman was to be reinstated in services then also he could have been reinstated on daily wage basis, where he would be entitled to get only Rs. 32/-per day and the entire experience which he has got at other place during this long period of more than 8 1/2 years would simply be wasted.

(3.) AWARDS passed on 27. 8. 1998, 28. 5. 1999, 14. 5. 1999 and 3. 4. 1999, respectively, have been challenged by petitioners-workmen Arjun Singh, Khan Mohd. , Rewat Ram and Khinv Singh in aforesaid petitions. WRIT PETITION NO. 4124/99 (5) THE DEPUTY CHIEF CONSERVATOR OF FOREST, PALI VS. KHINV SINGH AND ANOTHER.