HOTEL MANSINGH, JAIPUR Vs. JUDGE, LABOUR COURT, JAIPUR

JUDGEMENT

(1.) Heard learned counsel for the parties. This intra-Court appeal is directed against the order of Single Bench dated 31.10.2001, whereby S.B. Civil Writ Petition No. 2312/1997, filed by petitioner/appellant, against the Award dated 30.11.1996 passed by the Labour Court, Jaipur, has been dismissed.

(2.) Briefly stated, the facts of the case, are that respondent No. 2/workman Dharampal Singh Chouhan was appointed as 'Steward' by the appellant/employer on 17.10.1987; he was not allowed to continue after 01.03.1988; workman approached the appropriate authority for his reinstatement under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'); the State Government made a reference vide Notification dated 14.12.90 to the Labour Court, Jaipur, as to whether not allowing the workman by the employer w.e.f. 01.03.1988 is legal and valid? If not, to what relief the workman is entitled to?

(3.) Learned Labour Court, vide its Award dated 30.11.1996, recorded a finding that workman worked only for 132 days, therefore, there is no violation of Section 25-F of the Act. So far as violation of Sections 25-G and 25-H of the Act is concerned, the same is established from Exhibit W-1 and consequently, answered the reference in favour of workman and directed the employer to reinstate the workman with 50% back wages. Being aggrieved with the Award of the Labour Court, the employer filed a writ petition before the Single Bench, which has been dismissed. Hence, this intra-Court appeal has been preferred.