Dhammu Ram Bishnoi v. National Handloom Corporation
2005-03-01
MANAK LAL MOHTA
body2005
DigiLaw.ai
Judgment N.N. Mathur, J.-We have heard learned Counsel for the parties and perused the order of the learned Single Judge. 2. The services of the appellant-workman were terminated by the oral order dated 11.1998. The workman raised an industrial dispute. On reference made by the State Government, the Labour Court by its award dated 8.2003 having held the order of termination illegal, directed to reinstate the workman with continuity in service and back wages. The respondent challenged the award by way of filling a writ petition before this Court. Learned Single Judge disposed of the writ petition in the spirit of Lok Adalat as follows :- "Heard learned Counsel for the parties. However, in the spirit of Lok Adalt, both the learned Counsel agree that the matter may be decided in the manner that the petitioner will reinstate the respondent-workman with effect from today as a fresh appointee, and the workman will not claim any back wages, or any past benefits. The writ petition is accordingly disposed of ." 3. It is contended by the learned Counsel that the appellant had never consented for deciding the matter in the spirit of Lok Adalat. In the memo of appeal, a long narration has been given as to how the order came to be passed. 4. It is submitted by Mr. Suresh Shreemali, learned Counsel for the respondents, that in view of the law laid down by the Apex Court in State of Maharashtra vs. Ramdas Shrinivas Nayak, reported in AIR 1982 SC 1249 , the appellant may approach to the learned Single Judge by way of review application. 5. Ordinarily, we would have asked the appellant to raise the plea before the learned Single Judge, however considering the fact that the concession was only to the extent of deciding the matter in the spirit of Lok Adalat and that no specific terms were put to the parties for decision, it is desirable that the matter is heard on merits. 6. Consequently, the appeal is allowed. The order of the learned Single Judge dated 13.2004 is set aside. The writ petition is restored for its decision on merit in accordance with law.