LAWS(RAJ)-2001-12-30

STATE OF RAJASTHAN Vs. VASNA RAM

Decided On December 13, 2001
STATE OF RAJASTHAN Appellant
V/S
VASNA RAM Respondents

JUDGEMENT

(1.) THE instant appeal has been filed under Sec. 18 of the Rajasthan High Court Ordinance, 1949 against the judgment and order of the learned Single Judge dated 12. 9. 2001 passed in S. B. Civil Writ Petition No. 2139/2001 by which the labour court award dated 20. 11. 2000 has been upheld.

(2.) THE facts and circumstances giving rise to this appeal are that the respondent workman raised an industrial dispute and the appropriate Government vide order dated 24. 12. 1996 made a reference under Sec. 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act') as to whether termination of the workman w. e. f. 24. 2. 1993 was in accordance with law and if not to what relief he was entitled for. In pursuance of the said reference, the labour court made the award dated 20. 11. 2000 in favour of the workman holding that termination of his services had been in flagrant violation of the provisions of the Act particularly compliance of the provisions of Sections 25-F and 25-G of the Act and the Rule 77 of the Industrial Disputes (Central) Rules, 1957 had not been made. THE workman was directed to be reinstated with 50% of the back-wages from the date of reference till that of award. Being aggrieved and dissatisfied, the appellants preferred writ petition No. 2139/2001. THE learned Single Judge dismissed the writ petition by an elaborate and reasoned judgment and order dated 12. 9. 2001. Hence, this appeal.

(3.) THUS, it is in this way that special appeal could be filed under Sec. 18 of the Ordinance.