PRINCIPAL RAJRISHI COLLEGE ALWAR Vs. RAM BHAROSI

JUDGEMENT

(1.) Heard on the application under Section 5 of the Limitation Act so as the special appeal.

(2.) Before considering the application under Section 5 of the Limitation Act, we are considering merit of the case.

(3.) A dispute was raised by non-appellant-workman to challenge the alleged retrenchment from service without complying the provisions of the Industrial Disputes Act, 1947 (for short "the Act of 1947"). It was pleaded that non-appellant was engaged in the year 1992 and worked till the year 1994 without any break in service. The facts aforesaid were rebutted by the appellant-State herein. It was stated that workman had not worked for 240 days and otherwise it is not a case of retrenchment but abandonment of service. The non-appellant-workman left service at his own. It may be for the reason that his engagement was on contractual basis. Both the parties led their evidence. The Labour Court, thereafter, passed an award holding action of the appellant-State to be illegal and, accordingly, directed for reinstatement of the workman with 50% back wages.