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2008 DIGILAW 517 (RAJ)

B. D. O. Bassi v. Ram Charan Lakhera

2008-02-19

MAHESH CHANDRA SHARMA

body2008
JUDGMENT 1. - By way of this writ petition the petitioner has prayed that the order dated 3.8.2000 may be quashed and set aside. 2. The petitioner has set up his case that an application under Section 33(C)(2) of Industrial Disputes Act 1947 filed by the respondents to compute Rs. 26,851.50 against the due wages from 21.5.1991 to 31.12.1994 against the due wages from 21.5.1991 to 31.12.1994 alongwith the interest and also interest for the period from 1.1.1995 to 21.2.1995. 3. The petitioner further stated that no award was passed against the petitioner as the petitioner was not party before the Labour Court and, therefore, the respondent is not entitled to get any payment from the petitioner. It was further stated by the petitioner that the respondent was never in his employment as prior to 1990 the Gram Panchayat, Bassi was not in existence. The Gram Panchayat was constituted on 20.4.1992. 4. The petitioner has submitted that at the time of constituting the Gram Panchayat no liabilities of Municipal Board were shifted upon the petitioner in regard to the present respondent. The respondent has never worked in the institution from 1.9.1991 to 31.1.1994 and, therefore, is not entitled to get any wages from the petitioner. 5. The petitioner further disputed in regard to the entitlement of the back wages for the period when he has not worked for. The Gram Panchayat was an autonomous body and the petitioner has no responsibility in regard to the wages paid to the employee of the Gram Panchayat nor any appointments are being made by the petitioner for the respondent. 6. The petitioner also requested before the labour court that his name should be deleted from the array of the respondents. However, no order was passed by the learned Labour Court. Instead of deleting the name of the petitioner from the array of the respondents the order dated 3.8.2000 has been passed against the petitioner. 7. Hence, this writ petition is being filed by the petitioner. 8. In view of the aforesaid controversy raised by the petitioner, I remit back the matter to the learned Labour Court-1, Jaipur to decide the case afresh and order dated 03.08.2000 passed by the respondent No.3 is quashed and set aside. 9. 7. Hence, this writ petition is being filed by the petitioner. 8. In view of the aforesaid controversy raised by the petitioner, I remit back the matter to the learned Labour Court-1, Jaipur to decide the case afresh and order dated 03.08.2000 passed by the respondent No.3 is quashed and set aside. 9. Both the parties are directed to appear before the learned Labour Court-1, Jaipur on 27th of March, 2008 alongwith the certified copy of the judgment of this order.Writ Petition Disposed of as above. *******