SHER SINGH S/O SHRI KISHAN LAL YADAV, AGED ABOUT 58 YEARS, R/O NAYA GAON, TEHSIL KISHANGARH, DISTRICT ALWAR (RAJ.) Vs. MANAGING DIRECTOR, RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED, UDYOG BHAWAN, TILAK MARG, C

JUDGEMENT

(1.) (CAV) - The petitioner by way of this writ petition prays for setting aside the orders dated 24.07.2009 whereby his application moved under Sec. C (2) of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the Act of 1947') was dismissed in default by the Judge, Labour Court, No.1-Jaipur as well as the order dated 20.08.2015 whereby his application for restoration was also dismissed and has further prayed that the directions be issued to decide his application under Sec. 33 C (2) of the Act of 1947 on merits.

(2.) Brief facts of the case which need to be noted for the decision of the case is that the petitioner was appointed on the post of LDC on 27.01.1997 and his services were terminated on 28.01.1984 by way of punishment. On 24.04.1997, an award came to be passed whereby the punishment order was quashed and lesser punishment of withholding of five grade increments with cumulative effect was passed by the Labour Court. Fixation was to be made after imposing aforesaid punishment and period of the absence was to be regularized by granting leave if the same was available/credit in the petitioner's account otherwise extra ordinary leave without pay was to be granted. The award was published on 28.10.1997 and the petitioner submitted his joining report on 11.03.1998. In the meanwhile, S.B.Civil Writ Petition No.2984/1997 preferred by the Corporation which came to be disposed of vide order dated 22.11.2001 by this Court with direction that the petitioner would be entitled for only 50% back wages. The Special Appeal (W) No.30/2002 preferred before the Division Bench by the Corporation came to be decided on 12.02.2012 upholding the award dated 24.04.1997 with the said modification passed in the writ.

(3.) A writ petition came to be preferred bearing S.B.Civil Writ Petition No.3239/2004 wherein orders were passed on 31.01.2005 allowing the petitioner to prefer application under Sec. 33 C (2) of the Act of 1947 for computation of the benefits from the date of award dated 24.04.1997 and for the earlier period.