STATE OF RAJASTHAN Vs. DURGASHANKER AND ANR

JUDGEMENT

(1.) This matter came up for its adjudication in the spirit of Lok Adalat.

(2.) By this petition for writ, a challenge is given to award dated 2.7.2004 passed by Labour Court, Bhilwara in Labour Case No.74/1996.

(3.) Briefly stated, facts of the case are that the appropriate government by notification dated 31.7.1996 referred an industrial dispute for its adjudication to Labour Court, Bhilwara in the terms that Whether the termination of workman Durga Shanker S/o. Kanhiya Lal (represented by President, Rashtriya Nal Karamchari Union, Bhilwara) from the month of January, 1994 by his employer Assistant Engineer, Public Health and Engineering Department, Sub- Division, Mandal, District Bhilwara is just and valid If not, then for what relief and amount the workman is entitled As per the statement of claim filed by the workman, he remain in service of the employer w.e.f.1.4.1993 to 30.1.1994. He was terminated from service w.e.f. 31.1.1994 without assigning any reason. He termed his termination from service as retrenchment without adhering mandatory condition precedent to do so.