JAIPUR DEVELOPMENT AUTHORITY Vs. RAM SAHAI
LAWS(SC)-2006-10-94
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on October 31,2006

JAIPUR DEVELOPMENT AUTHORITY Appellant
VERSUS
RAM SAHAI Respondents

JUDGEMENT

S. B. Sinha, J. - (1.) Leave granted.
(2.) Appellant herein is a State within the meaning of Article 12 of the Constitution of India. It is created under the Jaipur Development Authority Act. Respondent was appointed on daily-wage basis from September, 1986 to June, 1987. His services were dispensed with, with effect from 1.7.1987. He raised an industrial dispute and on receipt of failure report dated 26.4.1988 of the Conciliation Officer, the Government of Rajasthan made a reference for adjudication of the following dispute to the Presiding Officer, Labour Court at Jaipur, in exercise of its power under Section 10(1)(c) of the Industrial Disputes Act, 1947 : "Whether termination of service of workman Shri Ramsahai s/o Chhotu through Shri M.F. Beg, Labour Welfare Centre, near Mayank Cinema, Station Road, Jaipur w.e.f. 1.7.87 by the Secretary, Jaipur Development Authority, Jaipur and the Garden Specialist, Jaipur Development Authority, Jaipur is reasonable and legal. If not then to what relief and amount the workman is entitled to receive -
(3.) By reason of an Award dated 22.3.1999, the Presiding Officer, Labour Court held that the termination of services of the workman was not legal. He was directed to be reinstated in service with full back-wages. It was held : "The termination of workman Ramsahai son of Shri Chhotu Ram by the respondents w.e.f. 1.7.87 is not reasonable and legal. He is reinstated back in service. His continuity in service is maintained, and from the date of his termination till the date of award he is awarded all back wages along with other benefits which he would have received while in continuous service and from the date of award the workman shall receive the wages and other benefits which other similarly situated workmen junior to him are receiving today." ;


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