ARJUN SINGH Vs. LABOUR COURT JODHPUR

JUDGEMENT

(1.) These appeals are directed against the order of the learned single Judge dated October 18, 2000 in S.B. Civil Writ Petitions No. 3280/1998, 3116/1999, 3121/1999 and 2266/1999 and dated October 19, 2000 in S.B. Civil Writ Petition No. 58/1999 and are being disposed of by this common judgment and order as they raise identical question of law. The facts giving rise to the appeals are as follows: The appellants were employed by the State in various capacities on daily wages. After a short period their services were terminated. The following chart indicates the dates of appointment and the dates of termination of the appellants except appellants Khinv Singh and Pancha Ram. Appeal Name of Appellant Date of Appointment Date of termination 494/2001 Arjun Singh January 1, 1988 April 1, 1990 393/2001 Rewat Ram April 1, 1983 December 1, 1993 33/2001 Khan Mohd. January 1, 1983 October 31, 1993 As regards Khinv Singh, he was initially appointed as Cattle Guard on February 1, 1980, subsequently, his services were terminated in February, 1984. He raised an industrial dispute but the matter was compromised and Khinv Singh was reinstated on October 1, 1987. Thereafter his services were again terminated but was again appointed on December 1, 1992. Finally, his services were terminated on October 12, 1993.

(2.) Appellant Pancha Ram (in Appeal No. 31/2001) was appointed in January, 1986. He worked till October 18, 1990. Thereafter he remained absent. On November 1,1990 he produced a medical certificate to resume work, but he was not allowed to do so.

(3.) The aforesaid appellants raised industrial disputes and the matters were referred to the Labour Court for adjudication. The Labour Court found that the services of the appellants were terminated in violation of Section 25-F of the Industrial Disputes Act, 1947. However, the Labour Court awarded compensation to the appellants in lieu of reinstatement. The appellants being aggrieved by the award of the Labour Court filed separate writ petitions which were dismissed by the learned single Judge.