STATE OF RAJASTHAN Vs. UDAI SINGH AND ORS.

JUDGEMENT

(1.) This intra court appeal is directed against the order of learned Single Bench dated 27th January 2004 whereby the writ petition preferred by the appellant -petitioner against the award of the Labour Court dated 25th October 2000 directing reinstatement of the respondent -workman with 50% back wages, has been partly allowed while maintaining reinstatement without any back wages.

(2.) The respondent -workman was appointed on daily wages with the Sheep & Wool Department, Government of Rajasthan on 01st April 1985. His services were terminated vide order dated 31st March 1988. He raised an industrial dispute in the year 1997 wherein a reference was made to the Labour Court -cum -Industrial Tribunal in 1998. The Labour Court vide award dated 25th October 2000 while holding the termination to be in violation of Sec. 25F of the Industrial Disputes Act directed his reinstatement along with 50% back wages from the date wherein he raised the industrial dispute till the date of award.

(3.) This award was challenged by the appellant -management by preferring S.B.C.W.P. No. 1141/2001. The learned Single Bench vide order dated 27th January 2004 modified the award to the extent that the workman shall be reinstated on the same terms and conditions he was employed at the time of his termination, from the date of award i.e. 25th October 2000. This order has been impugned by the appellant -management in the instant appeal.