RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANER AND ORS. Vs. JUDGE, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JODHPUR AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners -employer aggrieved against award dated 13.02.2001 passed by the Labour Court, Jodhpur, whereby the Labour Court has come to the conclusion that termination of services of respondent -workman w.e.f. 14.10.1992 were illegal and ordered for reinstatement with 25% of the back wages from the date of reference i.e. 17.08.1995.

(2.) THE respondent -workman raised dispute which was referred for adjudication to the Labour Court regarding his termination w.e.f. 14.10.1992. It was, inter alia, claimed by the workman that he was appointed as Driver on 24.07.1989 and he continued to work till 14.10.1992 when his services were terminated by oral order. Allegations were made regarding non -compliance of provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947.

(3.) ON the part of the workman, he himself appeared as witness and on behalf of the employer one Chitranjan appeared as a witness and they were cross -examined before the Labour Court. The workman admitted that he was not employed as a Driver and he worked at the well and as a Watchman. On cross -examination the petitioner's witness admitted that the workman worked from 25.07.1989 to 13.10.1992 and based on such admission, the Labour Court came to the conclusion that the workman had worked for 240 days and on account of non -compliance of provisions of Section 25F, the termination was illegal. Regarding the plea that the workman had himself abandoned the work, the tribunal based on the material available on record came to the conclusion that there was no such material which could indicate that the workman abandoned the job himself and based on its finding, ordered for reinstatement and back wages from the date of reference at the rate of 25%.