DIRECTOR CENTRAL STATE FARM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed against the impugned award dated August 14, 1989 passed by the Labour Court in Reference Case No. 59/1986, by which an award has been in favour of respondent-workman and direction has been issued to the respondents to reinstate him with all consequential benefits i. e. back wages and continuity in service.

(2.) THE fact and circumstances giving rise to this case are that respondent-workman, who had been working with petitioner, was removed from service vide order dated March 20, 1985. On his application, reference under the provisions of the Industrial Disputes Act, 1947 (for short, "the Act") was made on July 24, 1986 as to whether the termination of services of respondent-workman vide order dated March 20, 1985, was in consonance with the provisions of the Act and if not, to what relief he was entitled for?

(3.) THE Award was made by the Labour Court on August 28, 1989 (Annexure 12) giving the respondent-workman all the reliefs, i. e. reinstatement and full back wages etc. Hence this petition. Petitioner has taken a specific ground that the Labour Court erred in not appreciating the documents/evidence showing that the impugned order of removal/termination dated March 20, 1985 had been withdrawn by the petitioner vide order dated March 25, 1985 and the respondent-workman had been taken back on work on March 26, 1985 and there was no cause of action on which the Labour Court could have given the award.