RESIDENT ENGINEER, RAJASTHAN STATE ROAD DEVELOPMENT CONSTRUCTION CORPORATION LTD. Vs. THE JUDGE LABOUR COURT

JUDGEMENT

(1.) The petitioner challenges the award passed by the Labour Court No.2, Jaipur dated 31st May, 2012 whereby termination of services of the respondent-workman has been held as illegal and unjustified and the respondent-workman has been directed to be reinstated in service without any back wages.

(2.) Learned counsel for the petitioner submits that the respondent-workman had worked for a period from 01/02/1994 to 19/02/1999 as per his statement and as per the findings given by the Labour Court. He submits that while the reference was made in 2007, the award has been passed in 2012 and after so many years, the respondent-workman ought not to have been reinstated in service and instead thereof compensation could have been awarded to him as has been directed to the Apex Court in several cases namely; in the case of Vikash Adhikari & Anr. v. Judge, Labour Court, Bikaner & Anr.:2007(1) WLC (Raj.) 474; Vice-Chancellor Lucknow University, Lucknow, Uttar Pradesh v. Akhilesh Kumar Khare & Anr. (Civil Special Appeal No. 5731 of 2011) decided on 08/09/2015 and in the case of Chairman-cum-Managing Director, Rajasthan State Bridge & Construction Corporation Ltd. v. The Judge, Labour Court No.I, Jaipur & ors. {D.B. Civil Special Appeal (Writ) No.751/06], decided on 02/03/2017.

(3.) Per-contra, learned counsel for the respondent-workman submits that the respondent-workman had immediately raised the dispute by filing the writ petition before this Court in the year 1999 itself when his services were dispensed with and it is only after the objection was raised by the respondents therein, namely the petitioner herein, that the respondent-workman withdrew his writ petition on 19/01/2016 and raised the dispute before the Labour Court and thus he has been continuously following up the matter.