STATE OF RAJASTHAN Vs. INDUSTRIAL TRIBUNAL & ORS

JUDGEMENT

(1.) Heard learned counsel for the parties. Instant writ petition has been filed by the petitioner PHED department for quashing the award dated 11.01.2012 whereby, the Judge, Labour court, Jodhpur passed an award in favour of respondent workman and set aside the order of termination dated 01.06.1998 so also passed an order to grant semi permanent status to the respondent workman with 40% salary from the date of reference which is 18th Oct., 2004.

(2.) Learned counsel for the petitioner submits that the respondent was engaged for a limited period on job basis, therefore, it cannot be said that any relation of master and servant was existing when he worked in the office of petitioner but learned Judge, Labour court, Jodhpur gave erroneous finding of appointment to respondent by petitioner department, therefore, the finding arrived at by the Judge, Labour court, Jodhpur is totally erroneous, perverse and unsustainable in law.

(3.) Learned counsel for the petitioner further argued that if this Court comes to the conclusion that finding with regard to illegal termination is sustainable in law, then also, respondent workman is not entitled to reinstatement in service because industrial dispute was raised by him after gross delay of five years therefore, award impugned may be quashed.