SARWAN KUMAR Vs. EXECUTIVE OFFICER, NAGAR PALIKA

JUDGEMENT

(1.) IN challenge is the judgment and order dated 3.9.2013 passed amongst others in S.B. Civil Writ Petition No. 3044/1999 Sarwan Kumar V/s. Executive Officer, Nagar Palika Nava and anr. thereby sustaining the award dated 8.6.1999 passed by the learned Labour Court, Jodhpur in Labour Case no. 132/97 whereby the termination of the services of the appellant -writ -petitioner though had been held to be invalid being in contravention of the provisions of Section 25F of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as "the Act"), the relief only by way of compensation to the tune of Rs. 21,000/ - had been granted. Being aggrieved by the denial of his reinstatement in service, the appellant -writ -petitioner sought the intervention of this Court in the exercise of its writ jurisdiction. We have heard Mr. Parihar, learned counsel for the appellant -writ -petitioner.

(2.) THE facts in bare minimum necessary for the present adjudication are that according to the appellant -writ -petitioner, he was on 26.7.1988 engaged as Nakaguard/Sub Nakedar on a daily wage of Rs. 14/ - in the establishment of the Executive Officer, Nagar Palika, Nava District Nagaur. He claimed to be in continuous service in that capacity from 26.7.1988 to 4.10.1989 when his services were abruptly terminated. Contending that by then he had worked for more than 240 days in a year just prior to his disengagement, he raised an industrial dispute asserting his retrenchment to be invalid being in violation of Section 25F of the Act. The dispute was eventually referred to the learned Labour Court, Jodhpur.

(3.) IN the reference, both the sides adduced evidence -oral as well as documentary.