STATE OF RAJASTHAN Vs. ARUN KUMAR

JUDGEMENT

(1.) THE instant writ petition has been filed against the Labour Court award dated April 17, 1998 (Annexure 1), by which the claim of the respondent-workman has been allowed directing the petitioners to reinstate workman and further to make payment of 50% of the back wages from the date of reference till the date of award.

(2.) THE undisputed facts giving rise to this case are that the workman had worked under different units of the Public Works Department (hereinafter called, the "p. W. D. ") from November 1, 1990 to December 31, 1992. Subsequently, his services were terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, "the Act" ). The workman raised an industrial dispute and the Appropriate Government made the reference vide order dated November 4, 1995, which has been allowed by the impugned award. Hence this petition.

(3.) ADMITTEDLY, the workman had worked from November 1, 1990 to December 31, 1992 in different units of the Public Works Department and the case of the Department has been that as he had worked in different units which are independent and separate and the seniority of the workmen are maintained unit-wise under the provisions of the Rajasthan Work-charged Employees (including P. W. D. (Bandr), Irrigation, Garden, Forest and Ayurved) Rules, 1964 (for short, "the Rules, 1964") and as he did not complete 240 days in any of the units, he was not entitled for any relief as the provisions of the Act were not attracted. However, the Labour Court held that he had worked for 285 days if counted backwards from the date of retrenchment, i. e. October 30, 1992 and it is immaterial whether he had worked in one unit or other, as all the units have been under the same department, the workman was entitled for the aforesaid relief, being entitled for protection of the provisions of the Act.