M/S DHANLAXMI MILLS Vs. THE JUDGE, INDUSTRIAL DISPUTE TRIBUNAL AND LABOUR COURT, JODHPUR (RAJASTHAN) AND ANR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the award dated 12/4/2017 passed by the Labour Court, Jodhpur, whereby, the reference made by the appropriate Government has been answered in favour of the workman holding his oral termination as illegal, workman has been held entitled to outstanding wages and reinstatement subject to his age, continuity in service till reinstatement and 50% back wages from the date of Notification i.e. 6/7/2001.

(2.) The respondent workman raised a dispute before the conciliation officer and on conciliation proceedings having failed, the appropriate Government referred the matter to Labour Court, Jodhpur as to whether the workman's termination w.e.f. 11/7/1999 was justified; whether he was entitled to wages for the period of 06 months and 10 days @ Rs. 3000/- per month and to what relief and amount the workman was entitled.

(3.) It was inter alia contended by the workman by filing his claim that he worked with the petitioner employer from 1/1/1994 to 10/7/1999; he was paid wages till December, 1998 and from 1/1/1999 he was not paid any wages and when on 11/7/1999 he presented himself at the employer's institution, its proprietor Dinesh Chandra by oral order terminated his services, which was in violation of provisions of Industrial Disputes Act, 1947 ('the Act') and Rules framed thereunder.