STATE OF RAJASTHAN Vs. PANNA RAM

JUDGEMENT

(1.) The instant special appeal is directed against the order dated October 7, 1998 passed by the learned single Judge, whereby the learned sirgle Judge dismissed the writ petition filed by the present appellants and maintained the ex pane award dated June 28, 1993 passed by the Labour Court cum Industrial Tribunal, Bikaner (for short, "the Labour Court") in favour of the respondent-workman.

(2.) The facts and circumstances giving rise to this appeal, in a nut shell, are that on reference having been made, respondentworkman filed a claim petition before the Labour Court stating therein that he was engaged as Beldar by the present appellants on August 1, 1987 and his services were terminated w.e.f. March 29, 1989 without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, the "I.D. Act"). It was further averred in the claim petition that the principle of "last come, first go" has not been followed by the appellants and as such the termination of services of the respondent-workman was also in violation of the provisions of Section 25-G of the I.D. Act. Despite service of notice by registered post, the appellants did not put in appearance before the Labour Court and as such, vide order dated February 9, 1993, the trial proceeded ex pane. The Labour Court, vide ex pane Award dated June 28, 1993, held that termination of the workman was neither proper nor valid and, therefore, declared the workman in continuity of service with wages. On having come to know of ex pane award, the appellants filed an application on December 28, 1993 under Rule 22-A of the Rajasthan Industrial Disputes Rules, 1958 (for short, "the Rules, 1958") for setting aside the ex pane order and award, which was dismissed by the Labour Court on January 1, 1998 on the ground that the said application was filed after expiry of period of one month from the date of publication of the award. Aggrieved by the award dated June 28, 1993 and the order dated January 1, 1998, the appellants preferred S.B. Civil Writ Petition No. 2996/1998, which stood dismissed, vide impugned Order dated October 7, 1998, on the ground that by virtue of sub-section (2) of Section 17 of the I.D. Act, the Award became final after expiry of thirty (days from its publication; the award was published on October 25, 1993 and, thus, it was held that the finality of the Award cannot be called in question. Hence this special appeal.

(3.) We have heard learned counsel for the parties and perused the orders impugned as also the record.