JUDGEMENT
Govind Mathur, J. -
(1.)This Court by the order dated 17.7.2006 issued notice to show cause to the respondent as to why the writ petition be not heard and finally disposed of at admission stage. Despite service no body put in appearance on behalf of employer-UIT, Jodhpur, therefore, Sh. Sanjeev Johari, counsel on panel of the UIT, Jodhpur was directed to accept the notices. No reply to the writ petition has been filed. The labour court by its award dated 27.9.2003, while declaring termination of the petitioner illegal, directed the respondent to reinstate the petitioner-workman in service with 30% back-wages from the date of reference to the Industrial Dispute i.e. 24.10.2000. The writ petition as well as special appeal preferred by the employer giving challenge to the award dated 27.9.2003 have already been rejected. On asking it is said by the learned counsel for the respondent that according to the information available with him no special leave petition has been filed before the Honourable Supreme Court giving further challenge to the award dated 27.9.2003 and the judgment passed by Division Bench of this Court on 15.12.2005.
(2.)In view of factual background as above the award has acquired finality. The UIT, Jodhpur is under obligation for its compliance. There is no just and valid reason for not making compliance of the award dated 27.9.2003.
(3.)Accordingly, this petition for writ is allowed. The respondent-UIT, Jodhpur is directed to reinstate the petitioner and also to make the payment of the awarded back-wages within a period of fifteen days from the date of receiving certified copy of this order from the petitioner. In the event the employer does not make compliance of the award dated 27.9.2003 within the period specified it shall be open for the petitioner to move an application in this writ petition for taking appropriate action against the competent officers of the respondent.
No order as to costs.
Writ petition allowed - Petitioner directed to be reinstated.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.