LALJI Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner seeking relief 1 to modify the impugned Award Annx. 7 dated 16.3.2002 passed by the Labour Court, Udaipur by granting the relief of reinstatement with full back wages and consequential benefits.

(2.) The facts and circumstances, so far relevant to decide this writ petition are that petitioner was appointed as Chowkidar under the respondent No. 2 on 1.12.84 but the respondent No. 2 terminated his services on 25.8.89, whereas, the per the Government Order dated 17.11.88, the services of only those persons were to be terminated who were on or after 1.4.85. Petitioner has further come with the case that there is a clear violation of the 10 provisions of Sec. 25-F of the Industrial Disputes Act, 1947 (for short, "I.D. Act") as persons junior to him were allowed to remain in employment. On reference having been made, the petitioner submitted a claim petition before the Labour Court, Udaipur and the learned Judge of the Labour Court, vide impugned Award dated 4.1.2002, directed the respondent No. 2 to reinstate the petitioner in service within one month from the date of award if any person junior to him has been allowed to remain in service. Hence this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.