TOLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India on 1.10.2002 against the respondents with a prayer that by an appropriate writ, order or direction the judgment and award dated 19.2.2002 (Annexure-5) passed by the learned Judge, Labour Court, Udaipur (respondent No. 3) be modified to the extent that the petitioner be granted the relief of reinstatement in place of amount of compensation of Rs. 35,000/- as awarded by the learned Judge, Labour Court, Udaipur (respondent No. 3) to the petitioner.

(2.) It arises in the following circumstances :

(3.) In this writ petition, the main submission of the learned Counsel for the petitioner is that the reinstatement has been denied to the petitioner only on the basis of provisions of Act of 1999, but Sections 9,11 and 19 of the Act of 1999 have been struck down by the Division Bench of this Court in the case of Bhawani Singh v. State of Rajasthan, 2002(3) WLC 728, therefore, the petitioner is entitled to reinstatement as when the Labour Court had come to the conclusion that termination order of workmen were illegal, thus, in normal rule, reinstatement should have been ordered, but the same was not ordered by the Labour Court because at that time, provisions of Act of 1999 were in force and awarding compensation is not a routine matter, but in exceptional circumstances, the compensation in lieu of reinstatement is awarded and hence, the impugned judgment and award dated 19.2.2002 (Annexure-5) should be modified to the extent that the order of reinstatement should be passed in favour of the petitioners.