STATE Vs. BHOPAL SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties. This petition is against the award dated 13/08/1993 passed by the Labour Court, Udaipur in Labour Case No. 60/90 by which the learned Labour Court answered the reference made in favour of the non-petitioner No. 1-workman holding that the removal of non-petitioner No. 1 from service in pursuance of the order M-l is not legal and valid. The Labour Court passed the order of reinstatement with 50% of the back wages from the date of removal of the non-petitioner till the date of reinstatement with costs of Rs. 300/-.

(2.) Brief facts of the case are that the non-petitioner was given appointment by Order No. 3537 dated 22/11/1985 on the post of Driver. He was given appointment on daily wages of Rs. 13.25 per day. According to the non-petitioner, he worked from November 22, 198 5/01/1989 but on 7/01/1989 when non- petitioner reported for duty, the Executive Engineer informed him that by oral order his services have been terminated. According to non-petitioner, he worked for more than 240 days in a calendar year, therefore, his services could not have been terminated without following the procedure of law prescribed under Section 25-F of the Industrial Disputes Act, 1947 (for short 'the Act of 1947'). Therefore, the action of the petitioner-non-applicant was absolutely illegal.

(3.) The petitioner-non-applicant submitted before the Labour Court that non-petitioner was removed from service by written order, and a decision was taken that the workmen who were given appointment after 1/04/1985 be relieved from the services w.e.f. 1/12/1988. This order was sent to the non- petitioner. But he refused to accept the order.