SMT. CHOTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellant Nos. 3 and 4 and husband and father respectively of appellants No. 1 and 2 were appointed as daily wage employees in the Agriculture Department of the State of Rajastehan in June, 1980. The work of the Agriculture Department in the Nursery where the appellants were employed was transferred to the District Soil Conservation Officer, Ajmer. The four continued to work in the Nursery under the District Soil Conservation Officer, Ajmer till October 17, 1985. In the meanwhile, an order was issued by the Additional Collector, Ajmer on October 04, 1985 transferring the Nursery and attaching the same to the Panchayat Samiti, Masuda. The four were thereby transferred in the Panchayat Samiti, Masuda. For reasons unknown the Vikas Adhikari of the Panchayat Samiti, Masuda, Distt. Ajmer terminated services of the four. They raised an industrial dispute which was referred to the labour Court by the appropriate Government on December 03, 1986. The labour Court passed an award in favour of the appellants on March 15, 1989, directing reinstatement with backwages.

(3.) The award being ex parte was set aside and it is resulted in second award dated May 09, 1994 being published. As per the said award the four were to be reinstated with full backwages and continuity in service. Writ petition filed by the third respondent challenging the award dated May 09, 1994 was dismissed. D.B. Special Appeal filed was also dismissed on July 13, 1998. Petition seeking special leave to appeal before the Supreme Court was dismissed on August 06, 1999. The four were neither reinstated with backwages and thereby they had resorted to file an application under Section 33 C of the Industrial Disputes Act, 1947 and were able to obtain an order quantifying bakwages to be paid on July 13, 1998.