Rajasthan Lalit Kala Academy v. The Judge, Labour Court, Jaipur
2005-12-01
HARBANS LAL, SHIV KUMAR SHARMA
body2005
DigiLaw.ai
JUDGMENT 1. - Learned Labour Court, Jaipur in the award dated April 26, 1997 held that the termination of the services of respondent-workman was illegal on the ground that the retrenchment compensation was not paid to him in pursuant to section 25 of the Industrial Disputes Act, 1947 (in short The Act of 1947"). Writ petition filed against the said award by the appellant was dismissed by the learned Single Judge on February. 16, 2001. Against this finding that the present action in filing the present special appeal has been resorted to by the appellant. 2. It is contended by Mr. G.K. Garg, learned counsel for the appellant that the workman in his cross examination admitted to have received a sum of Rs. 1,700/-. Therefore, it may be presumed that the workman had received bank draft of Rs. 1,800/-. 3. We are not impressed with the submission. Since neither in the reply to the statement of claim nor in the evidence adduced before the learned Labour Court, it was stated by the appellant that the workman had received bank draft of Rs. 1,800/-. Vipin Bihari was examined on behalf of the appellant who candidly admitted in his cross examination that he did not file the receipt of respondent-workman to establish that he had received bank draft in the sum of Rs. 1,800/-. 4. In our considered opinion it was incumbent upon the appellant to 1 comply with the provisions contained i. Section 25-F of the Act of 1947 in letter and spirit. We do not find any infirmity in the impugned finding. 5. The instant appeal being devoid of merit stands dismissed without arty order as to costs.Appeal dismissed. *******