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1999 DIGILAW 229 (RAJ)

Urban Improvement Trust, Alwar v. Laxman Singh

1999-02-23

ASHOK PARIHAR

body1999
JUDGMENT 1. - Petitioner has challenged the Award dated 20th September, 1997 passed by Labour Court, Bharsatpur by which termination of services of respondent No. 1 (hereinafter to be referred as 'the concerned workman') has been held to be illegal and unjustified and he has been ordered to be reinstated with half back wages. 2. After hearing counsel for the parties, I have carefully gone through the material on record and also the impugned Award passed by the Labour Court. 3. The Labour Court, on the basis of evidence on record, has come to a finding of fact that there is a clear violation of section 25-F, G, and H of the Industrial Disputes Act. Even, for the argument sake, if the contention of counsel for petitioner is accepted that the concerned workman had not continuously worked or had not worked for more than 240 days in the last 12 calendar months, there is a clear violation of section 25-G and H in so far as the workman employed. alongwith the concerned workman, after his termination, are still continuing and some of them have even been regularised and been made permanent in the service of the petitioner department. In the facts and circumstances of the present case, I find no error or illegality in the impugned Award so far as it directs the petitioner department to reinstate the concerned workman. However, looking to the nature of work, employment and appointment, I find no justification for allowing even half back wages to the concerned workman. 4. Accordingly, the writ petition is partly allowed. The Award dated 20th September, 1997 is modified to the extent that termination of services of concerned workman is held to be illegal and unjustified. However, he will be entitled for salary on daily wages basis only from the date of Award i.e. 20th September, 1997. Since the termination relates back to the year 1986 and the Award has been passed in the year 1997, in the interest of justice, I deem it proper to direct the petitioner department to reinstate the concerned workman within thirty days from the date of receipt of certified copy of this order and also make payment of salary on daily wages basis from the date of Award till reinstatement within thirty days thereafter. There will be no order as to costs.Petition Partly Allowed. *******