GANESH LAL Vs. JUDGE INDUSTRIAL DISPUTES TRIBUNAL

JUDGEMENT

(1.) BY the writ petition being S. B. Civil Writ Petition No. 2063/03 under Article 226 and 227 of the Constitution of India filed by petitioner Ganesh Lal (for short 'the workman' hereinafter) and writ petition being S. B. Civil Writ Petition No. 4198/01 filed by the State and Ors. (for short 'the employer' hereinafter) the award dated 16. 5. 2001 passed by nonpetitioner, the Judge, Industrial Disputes Tribunal and Labour Court, Udaipur (for short 'the Industrial Tribunal' hereinafter) in Labour Case No. 135/97, has been impugned, whereby the reference made by the State Govt. under Section 10 of the Industrial Disputes Act, 1947 (for short 'the I. D. Act' hereinafter) was answered and it has been held that the retrenchment of the workman w. e. f. 1. 6. 1992 is illegal and instead of ordering reinstatement, the Industrial Tribunal granted compensation of Rs. 41,000/- in favour of the workman.

(2.) SINCE both the writ petitions involve common question of law and facts and arise out of the same impugned award and between the same parties, therefore, with the consent of learned counsel for the parties, they are heard and being decided together.

(3.) THE case set up by the workman is that he had been working as Chowkidar w. e. f. 21. 5. 1987 to 1. 6. 1992 and his services were terminated w. e. f. 1. 6. 1992. Be that as it may. THE Industrial Tribunal found the termination of the services of the workman in violation of the provisions of Section 25-F of the I. D. Act and instead of reinstating him, the workman was granted a lump sum compensation of Rs. 41,000/ -.