STATE OF RAJASTHAN Vs. ZAKIR MALI

JUDGEMENT

(1.) THIS petition for writ is placed for its adjudication in the spirit of Lok Adalat.

(2.) THIS petition for writ is preferred to question correctness of award dated 5.7.2001 passed by Industrial Tribunal cum Labour Court, Bhilwara in Labour Case No.45/95.

(3.) THE Industrial Tribunal cum Labour Court, Bhilwara by its award dated 5.7.2001 answered the reference made to it and directed the employer to confer semi permanent status to the workman w.e.f.01.11.1991. During pendency of the industrial dispute aforesaid, the workman was also retrenched from service on 30.6.1995. The retrenchment affected was also subject matter of an industrial dispute referred to Labour Court, Bhilwara by the appropriate government under a notification dated 28.8.1997. While answering the reference made to it under the notification dated 28.8.1997, the learned Labour Court declared retrenchment of the workman illegal being in violation of provisions of Section 25 -F of the Act of 1947 (hereinafter referred to as the 'Act of 1947'), a direction, therefore, was given to the employer to reinstate the workman in service with all continuity and 50% of back wages accrued from the date the workman raised an industrial dispute i.e. 7.1.1997.