MUNICIPAL BOARD, NAGAUR Vs. SUSHIL NARAYAN BOHRA

JUDGEMENT

(1.) BY an award dated 22.4.2010 the Labour Court, Jodhpur, while answering a reference made to it by the appropriate government, declared retrenchment of the respondent workman illegal being in violation of Section 25 -F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947'). A direction was given to the employer to reinstate the workman in service with all continuity and with 40% of the back wages from the date of retrenchment to the date of award. By notification dated 9.11.2010 the award was published as per provisions of sub - section (1) of Section 17 of the Act of 1947.

(2.) AN application as per provisions of Order 9 Rule 13 Code of Civil Procedure was filed before the Labour Court by the employer on 6.12.2010 to set aside the award being exparte. The application aforesaid came to be rejected by the order dated 17.9.2013, hence a petition for writ was preferred before this Court. The writ petition also came to be rejected on 18.12.2013 by holding as under: -

(3.) HEARD counsel for the appellant and perused the award impugned as well as the judgment passed by learned Single Bench.