STATE OF RAJASTHAN Vs. SURESH CHAND & ANR

JUDGEMENT

(1.) It is really sorry state of affairs that the orders passed by the Courts in the spirit of Lok Adalat keeping in view circular of the State Government dt.23/10/2013 disposing of the long pending matters for shortening of litigation and obviously the reason behind is that the pending litigation particularly in labour matters could be avoided, if some amicable solution is arrived at between the parties.

(2.) It reveals from the award of the Ld. Labour Court, Bharatpur that the respondent-workman had worked as alleged by him as a daily wager for the period from 01/04/1987-15/06/1994 and since there was non compliance of S.25 (F) of the Industrial Disputes Act, 1947 (Act,1947), award came to be passed dt.25/06/2008 directing for his reinstatement & 40% back wages with continuity in service at the same time, writ petition came to be preferred by the State Government against award impugned dt.25/06/2008 and the State Government in the spirit of Lok Adalat, took a policy decision & notified/introduced a circular providing guidelines to all the respective departments dt.23/10/2013 that if a dispute/case falling within the two categories 1A & 1B that may be compromised on the terms referred to therein.

(3.) In the instant case, the respondent-workman had worked from 01/04/1987-15/06/1994 as a daily wager as per the finding of the Ld. Labour Court and worked for more than 240 days in the preceding 12 months of alleged date of termination and the State Government was in the writ petition assailing the award impugned, at this stage, taking note of spirit of Lok Adalat in view of own circular of the State Government dt.23/10/2013, the Ld. Single Judge disposed of the writ petition under order impugned dt.22/11/2013 which is the subject matter of challenge in the instant appeal.