STATE OF RAJASTHAN Vs. KALIA

JUDGEMENT

(1.) This writ petition is directed against the award dated 28.1.2005 passed by the Industrial Dispute Tribunal-Cum-Labour Court, Udaipur in Industrial Dispute Case No. 18/01 whereby the Tribunal while holding the termination of the respondent-workman w.e.f. 26.3.1988 as invalid has directed reinstatement of the respondent-workman on the post of Beldar with continuity of service and 50% of the back-wages from' the date of termination till the date of reinstatement in service. The Appropriate Government vide notification No. 1(1)(6) /2001 dated 27.1.2001 referred the dispute for adjudication to the labour Court, Udaipur in the following terms: --

(2.) The respondent-workman entered into services of the petitioner w.e.f. 1.1.1970, The petitioner published a seniority list wherein the respondent-workman's date of appointment was mentioned as 1.5.1985 instead of 1.1.1979 and accordingly his name was shown at serial No. 496 and while taking a decision to retrench the employees employed during the period 1.5.1985 to 30.9.1988, the services of the respondent-workman were brought to an end.

(3.) The respondent-workman challenged the retrenchment on the ground that as per the order of the Government only those workmen were to be retrenched who were appointed after 1.4.1985. That apart, he had also taken the ground that the workmen junior to him in the establishments are still continuing in service while his services have been terminated.