STATE OF RAJASTHAN Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of the learned Single Judge dated 03. 02. 2004, dismissing the writ petition.

(2.) BRIEFLY stated that facts of the case are that the respondent No. 1 Ramesh Kumar was engaged as a casual labour on temporary basis in the year 1985 in the Irrigation Department of the State of Rajasthan. The State Government by order dated 17. 11. 1988, abolished the posts of work-charged employees with effect from 01. 02. 1988. It was further directed to dispose of the service of the work-charged employees appointed during the period from 01. 04. 1985 to 30. 09. 1988. Accordingly, the services of the respondent-workman alongwith similarly large number of persons situated were retrenched by order dated 07. 12. 1988. On industrial dispute being raised, a reference was made to the Labour Court, Sri Ganganagar. The Labour Court found the order of termination illegal, being in violation of mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947. Thus, by award dated 11. 04. 2002, the Labour Court directed the appellants to reinstate the workman with 30% back-wages from the date of reference i. e. , 27. 12. 2000. The State Government challenged the award by way of writ petition. The learned Single Judge by an impugned order dated 03. 02. 2004, dismissed the writ petition.

(3.) WE have heard learned Counsel for the parties and perused the record. The undisputed facts of the case are that the respondent-workman Ramesh Kumar had worked as a work-charged employee during the period from 01. 04. 1985 to 06. 12. 1988. His services were terminated by order dated 07. 12. 1988. The order of termination was accompanied by a cheque of Rs. 2,313/- which included a notice pay and the retrenchment compensation. The notice was not accepted by the respondent-workman. The respondent-workman was in the pay-scale of Rs. 700-10-850-15-865. His last salary drawn was Rs. 826/ -. The department gave a bifurcation of Rs. 2,313/- as follows:-<FRM>JUDGEMENT_1_TLRAJ0_2005Html1.htm</FRM>