Arijit Pasayat, J. - (1.) Challenge in this appeal is to the order passed by a Division Bench of the Rajasthan High Court at Jodhpur, dismissing the Special Appeal under Section 18 of the Rajasthan Ordinance 1949. By the impugned judgment the Division Bench upheld the order passed by the learned Single Judge.
(2.) Background facts in a nutshell are as follows : The respondent-workman filed a claim petition and sought a reference of the dispute raised by him to the Labour Court. The appropriate Government referred the dispute for adjudication to the Labour Court, Hanumangarh. In the claim petition the respondent-workman alleged that he was employed by the appellant as watchman-cum-peon and his services were retrenched by the appellant illegally on 18.7.1991. The Labour Court after giving an opportunity to the appellant to discuss his claim and on consideration of evidence led by the parties came to the conclusion that the services of the respondent-workman was retrenched in violation of Rule 77 of the Rajasthan Industrial Disputes Rules, 1958 (in short the Rules). The Labour Court also found that the reason for retrenchment as advanced by the appellant, that some amount was embezzled by the respondent-workman. was not established by the appellant. The appellant being aggrieved by the order passed by the Labour Court, filed a writ petition. The writ petition was dismissed by the learned Single Judge on 21.7.2000 as the learned Single Judge did not find any reason to interfere with the order passed by the Labour Court.
(3.) Learned counsel for the appellant submitted that the respondent was appointed on a daily-wage basis on 15.8.1988 and was retrenched on 18.7.1991 due to financial losses. This position is accepted. Respondent raised a highly belated claim in the year 1997 and reference was made to the Labour Court on 20.2.1997 under Section 10 of the Industrial Disputes Act, 1947 (in short the Act). The learned Single Judge by a practical non-reasoned order dismissed the writ petition and as noted above, the writ appeal was dismissed.;