NATIONAL FERTILISERS LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Award dated 29-12-2001, Annx. 7 passed by the respondent No. Labour Court, Sri Ganganagar (for short, "the Labour Court" hereinafter) has been impugned by the petitioner-employers by way of this writ petition.

(2.) THE facts and circumstances giving rise to the Instant writ petition are that the respondent No. 3, the workman, raised an industrial dispute. Conciliation proceedings were held and on failure therefore, the respondent-State referred the industrial dispute to the Labour Court under section 10 (1) (C) of the industrial Disputes Act, 1947 (for short "the I. D. Act" hereinafter) for adjudication. By the Award Annx. 7 dated 29-12-2001, the Labour Court adjudicated the dispute raised by the respondent-workman and held that the retrenchment/termination of services of the respondent-workman with effect from 1-4-1996 was neither proper nor valid and was in violation of the provisions of the I. D. Act and directed the petitioner-employer to reinstate the respondent workman as also to pay him 30% of the back wages. The Award Annx. 7 was published under the provisions of section 17 of the I. D. Act wide annx. 8. Aggrieved by the award impugned, the employer-petitioners have filed the instant writ petition.

(3.) I have heard learned counsel for the parties.