LAWS(RAJ)-2008-4-34

NEMI CHAND Vs. MUNICIPAL BOARD

Decided On April 29, 2008
NEMI CHAND Appellant
V/S
MUNICIPAL BOARD Respondents

JUDGEMENT

(1.) TO challenge the award dated 25.5.2005, passed by the Labour Court, Jodhpur, this petition for writ is preferred.

(2.) UNDER a notification dated 31.5.2000, the appropriate government referred an industrial dispute for its adjudication to the Labour Court in following terms: ...[VERNACULAR TEXT COMITTED]...

(3.) THE noticeable facts of the case are that the appointment was accorded to the petitioners after holding selection proceedings as per the procedure prescribed under the Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 (hereinafter referred to as "the Rules of 1963") in the pay scale of Rs. 750 -940. The appointment given was for a period of one year and that was to reach at an end after completion of the term aforesaid. On 24.10.1998 the employer served notices upon the workmen as per the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of1947") for effecting their retrenchment w.e.f. 26.11.1998 i.e. on completion of one year's service from the date of appointment. Being aggrieved by the same, the industrial dispute was raised by the workmen and that was referred for its adjudication to the Labour Court.