STATE OF RAJASTHAN Vs. SHERARAM 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.

(2.) Briefly stated facts of the case are that the appropriate government by a notification dated 19.02.1990 referred an industrial dispute for its adjudication to the Labour Court, Bikaner in the terms that Whether the termination of workman Mr. Sheraram S/o Laxmanram by the Chief Engineer, Irrigation Department, Jaipur/the Assistant Engineer, Gang Nahar Link Sub-division-II, Sriganganagar is just and valid If not, then for what relief and amount the workman is entitled A statement of claim was filed by the workman with assertion that an appointment was accorded to him with effect from 01.11.1985 as Beldar in the office of the Assistant Engineer, Gang Canal Link Sub-division-II, Sriganganagar. He was retrenched from service by an oral order on 30.11.1988. As per the workman, his retrenchment was illegal being in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, the Act of 1947 ).

(3.) A reply to the claim petition was filed on behalf of the employer stating therein that the appointment was illegally given to the workman and therefore, he was discontinued from service after adhering the procedure prescribed to do so under the Act of 1947. It was also stated that before retrenching the workman from service, a sum of Rs.1358 against compensation was offered to him, but he refused to accept the same, therefore, the same was sent by registered post acknowledgement due, but that too was not accepted by him.