STATE OF RAJASTHAN Vs. JUDGE LABOUR COURT BIKANER

JUDGEMENT

(1.) We have heard learned counsel for the parties. This appeal is directed against the judgment of learned single Judge dated May 18, 1998 dismissing the writ petition filed by the appellants.

(2.) The respondent No. 2, Narain Ram, who was employed as Chowkidar with the appellant on August 1, 1985 was discharged from service w.e.f. October 2, 1986 by notice dated September 3, 1986.

(3.) The said termination of respondent-workman from services was made subject-matter of reference under the Industrial Disputes Act where Industrial Tribunal vide its award dated April 27, 1993 found that the notice served on the respondent was not for a period of one complete month before his termination was made effective and it was also found that at the time of retrenchment neither the amount of retrenchment compensation was offered to the workman nor he denied to accept if it would have been offered to him. Thus, finding that the retrenchment was in violation of Section 25-F of the Industrial Disputes Act, the same was held to be invalid and the award was made for reinstating the workman with continuity of service.