STATE OF RAJASTHAN Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) BY way of this petition the petitioner has prayed to quash and set-aside the award dated 6. 7. 2000 passed by respondent No. 1 in LCR No. 535/1998, Goverdhan vs. Manager, Vidhayak Niwas, and the claim petition filed by respondent No. 2 be dismissed.

(2.) BRIEF facts of the case according to the petitioner are that respondent No. 2 was engaged on daily wages as labour on 1. 7. 1988. He stopped coming to work from 6. 6. 95. He raised an industrial dispute. The State Government referred the dispute to respondent No. 1 for adjudication. He submitted a statement of claim before respondent No. 1 in which it was submitted that the respondent therein engaged him on the post of `farrash' from 1. 7. 78 and his services were terminated w. e. f. 6. 6. 85, as provisions of Section 25 of the Industrial Disputes Act, 1947 (for short `the Act of 1947') were not complied with as no retrenchment compensation was paid. He further stated in the statement of claim that no seniority list was prepared and persons junior to him like Chhouth Mal Meena, Kalu Ram, Narain Singh, Hanuman etc. , are still working. Petitioners filed reply to the statement of claim in which it was stated that the respondent No. 2 have stopped coming to work on his own from 6. 6. 1985. The violation of Section 25-F of the Act of 1947 was denied for the reason that the respondent No. 2 had left the work of his own. The learned Labour Court after hearing the parties, passed an award on 6. 7. 2000 and held that the termination of the services of respondent No. 2 form 6. 6. 1985 was invalid and directed the reinstatement with continuity in service and payment of half the wages. The petitioners being aggrieved with the award dated 6. 7. 2000 has preferred this petition before this Court.

(3.) THERE shall be no order as to costs. .