STATE OF RAJASTHAN Vs. BHAGWAN SAHAY MEENA

JUDGEMENT

(1.) Heard learned counsel for appellant. By the order impugned, learned Single Judge of this Court has affirmed the award passed by the Labour Court, Jaipur.

(2.) On reference being made by the appropriate government in terms of Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred in short as the "Act"), the matter was taken up by the labour court. On consideration of the plea of the workman that he continuously worked for 240 days, it was held that provisions of Section 25F of the Act were not complied with. The Labour Court thus passed the award directing the employer-State of Rajasthan to reinstate the workman with full back wages.

(3.) The matter however was challenged before this Court in writ jurisdiction by the appellant- State. The writ application was disposed of by modifying the award to the extent that workman concerned will not be entitled for any benefits prior to 4/9/2000 that being the date of award. Learned counsel appearing on behalf of the appellant submitted that the workman had left the work at his own and since he had not continuously worked for more than 240 days, there was no requirement to comply with the provisions of Section 25F of the Act.