URBAN IMPROVEMENT TRUST Vs. LABOUR COURT, BIKANER

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner has challenged the award dated 16.1.2002 passed by the labour Court, Bikaner in Labour Case No. 60/98. The appropriate Government referred the dispute by order dated 25th Aug., 1998 to the labour Court to determine whether the termination of services of the non-petitioner Mohan Kumar from 30th Nov., 1992 is legal and valid, if not what relief can be granted to the workman. The labour court after giving full opportunity to the parties held that the services of the non-petitioner was terminated without following the procedure as prescribed in law and passed the order of reinstatement. After taking into consideration the facts of the case that non-petitioner has not worked from 30th Nov., 1992, therefore, he is not entitled to the benefit of the back wages. Only compensation of Rs. 2,500.00 against back wages has been awarded by the labour court to the non-petitioner.

(3.) The facts of the case reveal that the non-petitioner was appointed on daily wages basis on 1st Sept., 1984 and he continued to serve till 30th Nov., 1992. The termination of the non-petitioner's services were alleged to have been challenged by filing writ petition before this Court in the year 1992 itself, but during the pendency of the writ petition, the non-petitioner raised industrial dispute in the year 1993 and the non-petitioner's writ petition, which was filed through Union for the benefit of other workmen also was dismissed for non-prosecution on 26th April, 1994. It is said that no action was taken by the Government, therefore, the non-petitioner again raised the dispute in the year 1997, upon which the appropriate Government referred the dispute to the labour court in the year 1999.