Ajmer District Forest Department Assistant Employees Union v. The State of Rajasthan
2005-11-21
HARBANS LAL, SHIV KUMAR SHARMA
body2005
DigiLaw.ai
JUDGMENT 1. - Award dated October 11, 1996 of Labour Court, Ajmer was assailed by respondent - State of Rajasthan before the learned Single Judge who vide order dated August 31, 2001 allowed the writ petition and set aside the award. Ajmer district Forest Department Assistant Employees Union has impugned the said order of the learned Single Judge in the instant special appeal. 2. We have heard learned counsel for the parties. 3. A close look at the award of the learned Labour Court demonstrates that it is based on un-controverted testimony of Madan Lal and Vidya Devi whose services were terminated on April 1, 1993. The State did not choose to adduce evidence before the learned Labour Court but instead called in question the finding of fact arrived at by the learned Labour Court. 4. We are of the view that the finding of fact based on un-controverted testimony of the members of appellant Union could not have been inter ferred with in the writ jurisdiction. 5. We, therefore, allow the special appeal and set aside the impugned order of the learned Single judge and restore the order passed by the learned labour Court. There shall be not order as to costs. Respondent-State of Rajasthan is directed to comply with the award of the learned Labour Court within sixty days of the receipt of a copy of this order.Appeal allowed - Order of single judge set aside award restored. *******