COMMISSIONER, HORTICULTURE (P & M), JAMMU & KASHMIR GOVERNMENT, SRINAGAR & ANR Vs. JUDGE, LABOUR COURT NO 1, JAIPUR & ANR

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) The petitioners/appellants/employer have preferred this intra-court appeal against the order of Single Bench dated 5th March, 2012, whereby an application filed by respondent No.2/workman under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), has been allowed and respondent workman has been held entitled to the last wages drawn by him, as per the provisions of Section 17B of the Act.

(3.) Brief facts of the case are that the State Government made a reference vide notification dated 14th June, 2000 before Labour Court No.1, Jaipur, whether retrenchment of workman/respondent No.2 was reasonable and valid If not, to what relief the workman is entitled for Labour Court vide its award dated 5th September, 2003, held that retrenchment of workman was not reasonable and valid and directed the employer to reinstate him with continuity of service and arrears of salary. Since the award was ex-parte, therefore, an application was moved by employer for setting aside the ex-parte award, which was dismissed by the Labour Court vide order dated 13th July, 2010. Thereafter, employer preferred S.B. Civil Writ Petition No.12849/2011. During the pendency of above writ petition, the employee moved an application under Section 17B of the Act, which has been allowed by Single Bench vide order dated 5th March, 2012, which is impugned in this intra-court appeal.