STATE OF RAJASTHAN Vs. AHILYA TIWARI AND ANR

JUDGEMENT

(1.) In pursuant to the order dated 13.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat. This petition for writ is preferred to challenge the award dated 28.01.2005 passed by the Labour Court, Bhilwara in Labour Case No.14/1998.

(2.) By the award aforesaid, learned Labour Court while answering a reference made to it by the appropriate government arrived at the conclusion that the employer is an industry as defined under Section 2(j) of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'the Act of 1947'), the respondent employee is a workman as defined under Section 2(s) of the Act of 1947 and her termination from service is retrenchment in terms of Section 2 (oo) of the Act of 1947. A finding of fact is also given that the retrenchment effected was in violation of the provisions of Section 25-F of the Act of 1947. On the basis of the conclusions and finding aforesaid, the Labour Court directed the employer to reinstate the workman in service with 50% of the back-wages accrued.

(3.) The submission of learned counsel for the petitioner is that there was no relationship of master and servant between the petitioner and respondent-workman Mrs. Ahilya Tiwari. According to him, the respondent-workman was receiving only honorarium and as such, she was not an employee/workman, but a person serving voluntarily.