GIRDHARI LAL Vs. JABBAR SINGH AND ORS.

JUDGEMENT

(1.) BY this petition for writ a challenge is given to the order dt. 05.12.2003, rejecting the application preferred by the petitioner under R.22A of the Rajasthan Industrial Disputes Rules, 1958 to recall the award dt. 21.02.2003 whereby the Labour Court while answering the reference made to it by the appropriate government under a notification dt. 27.12.2000 held that the termination of the respondent -workman w.e.f. 01.09.1999 was not proper and valid. A direction, therefore, was given to reinstate the workman with 40% of total back -wages.

(2.) WHILE giving challenge to the order dt. 05.12.2005 it is contended by learned Counsel for the petitioner that no proper service of the notice issued by the Labour Court was effected, and therefore, the Labour Court erroneously proceeded ex parte. I have perused the certified copy of the notice that is available with the counsel for the petitioner wherefrom it reveals that seal of the Priya Sarees is available with signatures of one 'NKS'. A report of process server is also there that mentions that the service of the notice was effected, however, it does not make it clear as to whom he delivered the notice. The petitioner on oath has stated that the notice was never served upon the Manager or Proprietor of the firm. The appropriate course before the Labour Court was to verify it as to whether the notice was properly served upon the employer or its manager.

(3.) ACCORDINGLY , this petition for writ is accepted, the order dt. 05.12.2003 as well as the award dt. 21.02.2003 are quashed. The Labour Court is directed to re -adjudicate the matter afresh by giving an opportunity to the employer to file a written statement subject to the condition he pays a cost of Rs. 4,000/ - to the respondent -workman within a period of 45 days from today. The parties are in agreement to appear before the Labour Court on 09.04.2007. A certified copy of this order be sent to the Labour Court forthwith.