STATE Vs. MOOLA RAM

JUDGEMENT

(1.) THIS intra -court appeal is directed against the order dated 23.08.2005 passed in S.B. Civil Writ Petition No. 2968/2005: Moola Ram Vs. State & Ors. whereby, a learned Single Judge of this Court has allowed the writ petition filed by the workman (respondent herein) against the award dated 12.05.2003 made by the Industrial Disputes Tribunal and Labour Court, Jodhpur in Case No. 47/2001.

(2.) ON the claim of the respondent -workman for grant of regular pay -scale and payment at par with the regularly appointed persons, the following reference came to be made by the State Government: - .........[vernacular ommited text]...........

(3.) IN its impugned award dated 12.05.2003, the Labour Court, inter alia, took note of the fact that the workman himself admitted in his cross -examination that he was working for 2 hours but later on, also stated that he was working full -time. He, however, admitted that there was no specific order for his full -time working. The witness examined on behalf of the Department also stated that the respondent -workman was not working on full -time basis.