STATE OF RAJASTHAN THROUGH THE DEPUTY CONSERVATOR OF FORESTS, INDIRA GANDHI NAHAR PARIYOJANA, STAGE Vs. SHRI SADIQ KHAN AND ORS.

JUDGEMENT

(1.) ORDER - This writ petition has been filed by the petitioner State aggrieved against the award dated 11.2.2004 passed by the Labour Court, Jodhpur whereby, the Labour Court has come to a conclusion that the termination of the respondent's services by order dated 8.12.1994 was not justified and directed for reinstatement with 30% back wages from the date of reference i.e. 30.10.2000.

(2.) The respondent, was working on the post of Beldar with the petitioner State, when his services were terminated by order dated 8.12.1994 with effect from 15.11.1992 on account of his alleged continued unexplained absence from service. The respondent raised dispute which was referred by order dated 30.10.2000 by the appropriate Government.

(3.) It was inter alia indicated that the respondent was arrested under the provisions of Terrorist and Disruptive Activities (Prevention) Act, 1985 ('TADA') on 15.11.1992 and remained under custody till he was acquitted on 27.10.1995 by the TADA Court and as the termination of the services of the respondent was without any notice and/or enquiry, the termination was bad.