R S R T C Vs. BHAGWATI LAL

JUDGEMENT

(1.) BY way of filing the present writ petition, the petitioner has challenged the order dated 7. 2. 1996 (Annexure- 4) passed by Judge, Labour Court, Bhilwara on application filed under Section 33-C (2) of industrial Disputes Act, 1947 by the respondent-workman.

(2.) ACCORDING to the facts inter-alia narrated in the writ petition, an award dated 16. 2. 1993 was passed by Judge, Labour Court, Bhilwara whereby termination of the respondent workman was set aside and he was ordered to be reinstated upon the post on which he was working on 7. 6. 1979 and further passed an order for continuity of service but no backwages were allowed. The Judge, Labour court allowed Rs. 5000/- as compensation to the workman.

(3.) HOWEVER, upon perusal of the order impugned, it is revealed that award was passed by Judge, Labour Court for reinstatement of the respondent workman on 16. 2. 1993 and the publication was made on 16. 4. 1993, therefore, the respondent workman was to be reinstated in accordance with the award within one month from the date of publication of award and workman filed an application on 20. 4. 1993 after publication of award for joining but he was not taken on duty and later on order of reinstatement was passed on 12. 11. 1993 and in pursuance of that, the respondent workman joined the duties on 17. 11. 1993. Meaning thereby, the Judge, Labour Court while deciding the application under Section 33-C (2) of the Act rightly passed an order for payment of salary because under the award the workman was to be reinstated in service within one month from the date of publication of award and admittedly according to the facts of the case, the workman was reinstated in service on 17. 11. 1993 whereas he has filed application on 20. 4. 1993 after publication of award on 16. 4. 1993.