STATE OF RAJASTHAN Vs. KASHI RAM

JUDGEMENT

(1.) In this writ petition, the petitioner-department Public Health & Engineer, State of Rajasthan is challenging the award dated 24th March, 1995 passed by the learned Judge, Labour Court, Bikaner whereby learned Judge has passed an award in favour of respondent-workman Kashi Ram and further ordered that the action of the petitioner-department terminating the services of the respondent-workman vide order dated 31st March, 1986 was illegal and was passed without compliance of the mandatory provisions of Industrial Disputes Act, 1947. The learned Judge, Labour Court passed an order for reinstatement of the respondent-workman with full back wages w.e.f. 01st April, 1986, so also passed an order while giving liberty to the petitioner-department for holding inquiry with regard to payment of salary for the period of alleged absence of respondent-workman w.e.f. 01st October, 1984 to 31st March, 1986 and it is also ordered that after completion of the said inquiry whatever order is passed by the Inquiry Officer for payment of salary of such period, the same may be followed.

(2.) In this writ petition, it is stated by the petitionerdepartment that initially respondent-workman was provided appointment on daily rate basis on the post of Helper and later on his services were regularised by way of granting semi permanent status w.e.f. 06th June, 1984. Thereafter, he remained absent w.e.f. 01st October, 1984 and did not turn up. Many letters were issued to him to join duties but he did not turn up then in compelling circumstances due to his continuous absence without sanctioned leave his services were terminated vide impugned order which was published in the Rajasthan Patrika Newspaper on 08th May, 1986 and a copy whereof was also personally supplied to the respondent-workman.

(3.) Against termination he raised an industrial dispute before Conciliation Officer, Bikaner and after failure of conciliation proceedings the matter was forwarded to the appropriate government for making reference.