STATE OF RAJ Vs. MOOLA RAM

JUDGEMENT

(1.) IN this writ petition filed by the Forest Department of State of Rajasthan, the Department is challenging the validity of the award passed by the Judge, Labour Court, Bikaner in Labour Dispute No.72/1993 decided on 22.3.2001.

(2.) Learned Dy. Govt. counsel appearing for the State submits that the industrial dispute was raised by the petitioner after five years and thereafter, the appropriate Government referred the matter to the Judge, Labour Court, Bikaner in which although there was no material on record to prove the fact that the petitioner has completed 240 days, the Judge, Labour Court passed an award in favour of the respondent workman whereby his termination order dated 15.2.1986 was set aside and order was passed for reinstatement with back wages and only damages of Rs.2500/ - was awarded.

(3.) Learned Dy. Govt. Counsel vehemently argued that the respondent workman was appointed in a scheme and did not complete 240 days but while giving erroneous finding the judge, Labour Court held that the termination is in violation of Section 25 -F (a) and (b) of the ID Act even though the respondent work did not complete 240 days, therefore, the award impugned may be set aside.