Research › Search › Judgment

Rajasthan High Court · body

2000 DIGILAW 924 (RAJ)

Urban Improvement Trust, Alwar v. Kailash Chand

2000-07-27

ASHOK PARIHAR

body2000
JUDGMENT 1. - Petitioner has challenged the award dated September 25, 1998, passed by the Labour Court, Bharatpur, by which, termination of services of the respondent No. 1 concerned workman has been held to be illegal and unjustified and he has been ordered to be reinstated with continuity of service and full back wages. 2. After hearing learned counsel for the parties, I have carefully gone through the material on record as also the impugned award. 3. The concerned workman had worked for about 261 days in the year 1983-84, however, before terminating his services on May 1, 1984, compliance of Section 25-F of the Industrial Disputes Act, 1947 (for short the Act of 1947) was not made. The only plea taken by the petitioner before the Labour Court was that the concerned workman had worked on different sites on daily wages muster roll basis, as such, the period of different sites cannot be clubbed together so as to calculate the number of days for compliance of Section 25-F of the Act of 1947. 4. The Labour Court on the basis of evidence and material on record, came to a finding of fact that the concerned workman had worked for more than 240 days. The sites on which the concerned workman had worked were under the control of the petitioner and the same cannot be treated as independent units. Since the compliance of Section 25-F and 25-G of the Acts of 1947 was not made, the Labour Court found that the termination was not legal and justified. Since it is finding of fact based on material on record, I find no error or illegality in the same. However, looking to the nature of work appointment and employment, when the concerned workman had worked for about 261 days way back in the year 1983-84, I find no justification in allowing him any back wages. 5. Accordingly, the writ petition is partly allowed, the award dated September 25, 1998, passed by the Labour Court, Bharatpur is modified to the extent that termination of services of the respondent No. 1, the concerned workman is held to be illegal and unjustified and he is ordered to be reinstated on the same terms and conditions he was employed at the time of his termination from the date of the award i.e. September 25, 1998. The concerned workman shall not be entitled for any back wages and even the benefit of past services. 6. Since the termination relates to the year 1984, in the interest of justice, I deem it proper to direct the petitioner to reinstate the concerned workman within 30 days from the date of receipt of certified copy of this order and also to make payment of salary as referred to above from the date of award till his reinstatement within 30 days thereafter.sWrit petition partly allowed. *******