EXECUTIVE/ ASSISTANT ENGINEER, IRRIGATION DIVISION / SUB DIVISION, BHINMAL Vs. INDUSTRIAL DISPUTE TRIBUNAL & LABOUR COURT, JODHPUR & ANR

JUDGEMENT

(1.) This is an intra court appeal filed by the State (respondents of Writ Petition No.629/2007) under Rule 134 of Rajasthan High court Rules against an order dt. 23.03.2010 passed by Single Judge in aforementioned writ petition.

(2.) The respondent No.2 herein (workman) was terminated from service by the appellant (State). An industrial dispute was accordingly referred under Section 10 of the Industrial Disputes Act (for short hereinafter referred to as "the Act") to Labour Court, Jodhpur. By award dated 15.9.2006, the Labour Court answered the reference against the respondent No.2 herein and accordingly upheld his termination order. In other words, the Labour Court declined to set aside the termination order and held it to be legal and proper. It is against this award, respondent No.2 (workman) felt aggrieved and filed the writ petition out of which this intra court appeal arises. The learned Single Judge allowed the writ petition and while setting aside of the award of labour court directed the respondent No.2's reinstatement in service along with payment of 50% back wages. It is against this order, the State (respondent of writ petition) has felt aggrieved and filed this intra court appeal under Rule 134 ibid.

(3.) It is in this appeal both appellant as well as respondent No.2 have filed interlocutory applications.