STATE OF RAJASTHAN Vs. RAM KUMAR

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 25.8.2004 passed by Labour Court, Sri Ganganagar in Labour Case No.12/04.

(3.) THE Labour Court after considering the material available on record arrived at the conclusion that the delay caused in raising the industrial dispute i.e. of 16 years is not fatal; the establishment where the employee was working is an industry and the employee comes within the purview of term "workman" as defined under Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947'), his termination from service amounts to retrenchment, which was affected in violation of Section 25 -G and 25 -H of the Act of 1947. On declaring the retrenchment illegal, a direction was given by the Labour Court for reinstatement of the workman in service with 50% of back wages.