DIVISIONAL FOREST OFFICER Vs. GOPAL AND ORS.

JUDGEMENT

(1.) THE petitioner -State (hereinafter referred to as the 'petitioner/employer'), in the instant writ application, questions the legality and validity of the award dated 4th May, 2006, passed by the Labour Court, Ajmer, in LCR Case Number 10/1997, wherein the Labour Court answering the reference in favour of the respondents/workmen held the termination of their employment on 27th September, 1991, to be illegal and invalid. The Labour Court further recorded the fact that two of the workmen, namely, Smt. Fulmi and Smt. Sayri, died during the pendency of the proceedings. The petitioner/State was directed to reinstate the workmen, with continuity of service and full back wages. The monetary benefits on account of two workmen aforesaid were released to their legal heirs.

(2.) SHORN off unnecessary details, the indispensable skeletal material facts necessary for appreciation of the controversy needs to be first noticed. The respondent/workmen were engaged on daily wages basis in different years in the year 1979 to 1987. The period of commencement of the appointment is as under: - -

(3.) THE engagement/employment of the respondent -workmen is also stated to be in a specific/special programme, which was conducted with the assistance of the World Bank in the year 1985 -86, and therefore, the Labour Court fell in gross error while making a direction for reinstatement of the respondent -workmen. None, junior to the respondent -workmen was retained in employment, and therefore, the finding arrived at by the Labour Court for violation of mandate of Section 25 -G of the Act of 1947, is assailed as a perverse finding.