VIKAS ADHIKARI , PANCHAYAT SAMITI Vs. SHRI BADRI LAL

JUDGEMENT

(1.) The instant petition has been filed in the year 2016 by the employer-petitioner challenging the award dated 28th April, 2003 passed by the Labour Court No. 2, Jaipur. The Labour Court by award dated 28th April, 2003, has declared the termination of services of the employee to be bad as being violative of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947. The Labour Court has made an order of reinstatement of the workman with continuity of services and payment of 50% back wages is also awarded.

(2.) The respondent was working as class-IV employee with the employer since July, 1990 and his services came to be terminated by order order dated 1st June, 1995. The employee after termination of his services approached the State Government and after conciliation proceedings failed, the State Government made a reference to the Labour Court as whether the employer-Vikas Adhikari, Panchayat Samiti, Todaraisingh, District Tonk was justified in terminating the services of the employee with effect from 1st June, 1995 and if the termination was bad, what relief was to be given to the employee concerned.

(3.) The employee-respondent workman pleaded in his statement of claim that he was employed in the month of July, 1990 as a Class-IV employee and his services was terminated with effect from 1st June, 1995 by oral order. The workman pleaded that he had completed 240 days in the last preceding 12 months from the date of his termination and the employer had kept the junior persons in the job and further after termination of his services, new employees were also employed.