STATE AND ANR Vs. RAJENDRA SINGH AND ANR

JUDGEMENT

(1.) By this petition for writ, a challenge is given to the award dated 06.08.2003 passed by learned Labour Court, Jodhpur in Labour Case No. 37/2001.

(2.) The factual matrix necessary to be noticed is that the appropriate government by Notification dated 19.10.2000, referred an industrial dispute for its adjudication to the Labour Court, Jodhpur in the terms "Whether termination of workman Rajendra Singh S/o Shri Amar Singh Solanki (represented by Shri Chandra Shekhar Vyas, Member Executive Marusthal Nal Kamgar Sangh, Jodhpur) by the employer Executive Engineer, City Division, Public Health Engineering Department and Assistant Engineer, City Sub-Division IV, Jodhpur w.e.f. 27.07.1993 is just and proper? If not, then for what relief, the workman is entitled?"

(3.) As per the statement of claim submitted by the workman, he was initially employed with employer on 01.01.1992 and was posted in Welfare Section of Public Health Engineering Department. Up to 14.05.1993 he worked in the section aforesaid and thereafter his services were utilizsed at Fateh Sagar Hand Pump Chowki up to 31.05.1993. From 01.06.1993 to 27.07.1993 his services were utilized at Head Quarter Chowki, Bheruji Ka Than, Jodhpur. According to the workman from 27.07.1993, he was discontinued from service without adhering provisions of Section 25-F and Section 25-G of the Industrial Disputes Act, 1947. Learned Labour Court after considering the evidence adduced by the parties, held termination of the workman from service retrenchment and that was effected without adhering mandatory condition precedents as prescribed under Section 25-F of the Act of 1947, accordingly a direction was given to the employer to reinstate the workman with 40% of total back wages.