DURGA SHANKAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN award was passed against the petitioner by the Industrial Tribunal and labour Court Kota on 11. 8. 93 holding therein that the petitioner's appointment as a `mistry' was made in Chambal Project for construction of R. P. S. Dam and the working of Dam having been completed, the services of the petitioner were terminated after giving him one month's notice in lieu of pay and hence no fault could be found with the order of termination.

(2.) THE admitted case of the petitioner-workman is that his services were terminated by order dated 14. 10. 70 and it is further admitted by him which finds mention at para No. 6 of the impugned award that he had been appointed in the Chambal Project for construction of R. P. S. Dam and his services were terminated after completion of project. it is still further the admitted case of the parties that the petitioner filed an application for initiation of reference before the competent authority after 11 years of his termination on 12. 10. 81. Inspite of this, long delay in filing the application for initiation of reference, the respondents passed an order in favour of the petitioner-workman for initiating the reference which was later transferred to the Labour Court cum Industrial Tribunal at Kota and the afore said award was passed upholding the termination of the petitioner. This award was passed on 28th November 1993. THE petitioner appears to have acquiesced with this award for almost three years but thereafter he filed this writ petition in the year 1996 challenging the award as illegal and unjustified.