MANDAL VAN ADHIKARI Vs. RAM LAL NAGAR

JUDGEMENT

(1.) THE petitioner (Forest Department of the State of Rajasthan), has instituted the writ proceedings projecting a challenge to the order dated 5th January, 1996, passed by the Labour Court, Kota, on an application preferred by the respondent/workman (Ram Lal Nagar), under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act of 1947', for short).

(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised, needs to be first noticed. The respondent/workman raised an 'industrial dispute', assailing the action of the petitioner/employer, in terminating his employment without compliance of the mandate of Section 25 -F of the Act of 1947, in spite of the respondent/workman having worked for more than 240 days, in the preceding calender year. The industrial dispute raised was decided vide award dated 12th March, 1987, in view of the admission of the petitioner/employer as to the fact that the respondent/workman did work for more than 240 days. The Labour Court vide its award dated 12th March, 1987, held the respondent/workman entitled for reinstatement on the post of 'Cattle Guard' with effect from 17th March, 1987. The award further directed to accord all the benefits including promotion, if granted to a workman junior to the respondent/workman. Further, though the period with effect from 3rd July, 1983 to 16th March, 1987; would be reckoned as the period of service, but the respondent/workman would not be entitled to any wages for the said period. Thereafter, the respondent/workman preferred an application under Section 33 -C(2) of the Act of 1947, claiming benefits of salary etc., after completion of two years of service since he was not conferred with the status of semi -permanent. The respondent/workman also claimed the salary with effect from 1st July, 1979 to 30th June, 1990, including payment for national holidays and other festivals. The claim also included the payment for casual leaves, earned leaves as well as for Sundays and weekly holidays. The total claim was staked for a sum of Rs. 76,966/ -(Rupees : Seventy Six Thousand Nine Hundred Sixty Six). The petitioner -employer submitted its written statement to the application under Section 33 -C(2) for computation, denying the sustainability of the amount claimed for the period involved and prayed for dismissal of the application under Section 33 -C(2) of the Act of 1947.

(3.) I have heard the learned counsel for the parties and with their assistance, perused the materials available on record as well as carefully considered the impugned order dated 5th January, 1996 as well as the award dated 12th March, 1987, passed by the Labour Court.