EXECUTIVE ENGINEER Vs. HANUMAN SINGH

JUDGEMENT

(1.) This petition is filed by the petitioner challenging the award dated 9.3.1999 passed by the Labour Court, Bikaner in Labour Dispute Case No. 19/1998, published vide notification dated 9.6.1999 and order dated 4.6.2004, rejecting an application preferred by the petitioner under Rule 22A of the Industrial Disputes Rules, 1957 ('the Rules of 1957') for setting aside the ex parte award.

(2.) The reference was made by the State Government to the Labour Court, Bikaner, vide notification dated 28.1.1998 in the following terms:

(3.) The respondent-workman submitted the statement of claim before the Labour Court stating that he was appointed as Daily Wages Labourer on 26.2.1992 by an oral order of Executive Engineer, PHED, Ratangarh. It was averred that later by an oral order, he was sent to perform the duties in the office of Assistant Engineer,PHED, Rural Sub Division, Ratangarh and thereafter in the office of Junior Engineer of the Sub Division. According to the workman he continued in service from 26.2.1992 to 16.9.1992 in the rural sub division as well as urban sub division under the Junior Engineer. It was contended that the petitioner's services were brought to an end w.e.f. 16.9.1992 without compliance of provisions of Sec. 25F of the Industrial Disputes Act, 1947 (for short "the Act"). That apart, the petitioner also alleged violation of provisions of Sec. 25G, 25H, 25N & Rule 77 of the Rajasthan Industrial Disputes Rules, 1958 ('the Rules of 1958').