KRISHI UPAJ MANDI SAMITI Vs. SHYAM BHUSHAN

JUDGEMENT

(1.) THE instant petition has been filed by the petitioner-the Krishi Upaj Mandi Samiti, Sri Vijaynagar, praying therein that by an appropriate writ, order or direction, the order dated May 14, 2004 (Annexure 5) passed by the Labour Court, Sri Vijaynagar may be quashed and set aside.

(2.) THE facts giving rise to the instant petition are that Shri Shyam Bhushan respondent No. 1 filed an application under Section 33c (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act, 1947') on October 23, 2003, before the Labour Court, Sri Ganganagar, stating therein that earlier, he was removed by the employer-the present petitioner (Krishi Upaj Mandi Samiti, Sri Vijaynagar ). He raised an industrial dispute, which was decided in his favour on November 8,1986. Against that award, the employer (Department) filed a writ petition before the Hon'ble Rajasthan High Court, which was decided vide order dated December 4, 1998, in which it was directed by the High Court that within a period of two months of receiving the order dated December 4, 1998, the workman shall be given fresh appointment by his employer- Department. It was also stated that he was given appointment w. e. f. November 21, 1999, although he submitted the order dated December, 4, 1998, passed by the High Court on December 26, 1998.

(3.) HEARD learned counsel for the petitioner.