STATE OF RAJASTHAN Vs. AMAR SINGH

JUDGEMENT

(1.) THE State of rajasthan has filed this writ petition against the award dated 12-6-2001 whereby the learned labour Court, Jodhpur swerved a reference in favour of the respondent-workman holding his removal to be illegal and directing the management to reinstate him in service with continuity in service and awarded 20% back wages from the date of reference.

(2.) A reference was made by the appropriate government on the question whether removal of the respondent-workman by the management on 15-1-1985 from service was legally justified and if not what relief the workman was entitled to.

(3.) THE case of the petitioner is that respondent workman was allegedly retrenched on 15-1-1985 but a reference on the question was made by the appropriate Government enormously delayed on 29th May, 1997. The workman however contended before the Learned Labour Court that he worked with the management from 1-3-1984 to 14-1-1985 and thus completed continuous service of more than 240 days. He was not the junior most em-ployee when he was retrenched and many of his juniors were retained in service and many new were engaged after he was retrenched. There was thus violation of section 25f of the industrial Disputes Act, 1947 (in short "the Act of 1947" ).