RAJASTHAN STATE ELECTRICITY BOARD Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) THIS D. B. Special Appeal filed under Section 18 of the Rajasthan High Court Ordinance. 1949, arising out of S. B. Civil Writ Petition No. 959/79, is directed against the judgment of the learned Single Judge ol this Court dated 28th Octoher, I9s6 hy which the learned Single Judge had disni isscd the writ petition filed hy the appellant-petitioner against the respondents. By the impugned award of the Judge, Labour Court. Jaipur, which was the subject-matter of the writ petition before the learned Single Judge. The Labour Court had held that the termination of the services of Kamal Kishore, respondent No. 2 is illegal and void and that he was entitled to reinstatement in service with full hack wages. The learned Single Judge had further made a direction that with regard to the back wages payable to respondent No. 2, the appellant-Board will pay interest at the rate of 12% per annum from the date of award to respondent No. 2.

(2.) THE facts giving rise to the tiling of this appeal, briefly stated,are that the respondent No. 2 was appointed as work-charged Helper on March 9, 1965 and was working in that capacity when he -absented himself without leave from May 20, 1974. The respondent No. 2 was absent for a period of about 4-1/2 months and did not send any intimation or any information to the Appellant-Board or its officers regarding his ab- sence and the cause for his absence till October 3, 1974.

(3.) THE appellant-Board, therefore, considered the respondent No. 2 to be absent from duty without sanctioned leave and according to the provisions of proviso to Order 9 (j) of the Certified Standing Orders, the services of respondent No. 2 were treated to have come to an end for being absent from duty without any intimation for more than 8 days. The respondent No. 2 had submitted two medical Certificates on October 3, 1974 in the office of Assistant Engineer along-with the joining report. Since the service of the respondent No. 2 stood terminated in accordance with Order 9 (j) of the Certified Standing Orders of the Board, as referred to above, the respondent No. 2 was accordingly not taken back on duty. Consequently respondent No. 2 raised an industrial dispute which was referred to respondent No. 1 i. e. Judge Labour Court, Jaipur for adjudication. The Judge, Labour Court, Jaipur passed an award in favour of respondent No. 2 on September 4, 1979 which was challenged in the writ petition filed by the appellant-Board in Writ Petition No. 959/79. During the pendency of the writ petition, the learned Single Judge had passed an interim order whereby the operation of the award, so far as it related to payment of back wages, was stayed but the appellant- Board was directed to reinstate the respondent-workman with back wages to which he was entitled as if the order of termination was not passed. In accordance with the interim-order the petitioner-Board has reinstated the respondent-workman.