- (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur, made on November 27, 1995 in D.B. Civil Special Appeal No. 863/95.
(3.) The admitted position is that the workmen, ten in number, were appointed in 1992. As a sample case, services of Mr. Ashok Kumar, respondent No. 2 in this case who was appointed on August 7, 1990, were dispensed with on June 5, 1992. They filed an application under Section 33-C (2) of the Industrial Disputes Act (for short, the ID Act) before the Industrial Tribunal for direction of reinstatement with full back wages. No such power under Section 33-C (2) is available but the Tribunal has the power under Section 11-A of the ID Act to give such a direction as a consequence of the findings. Section 28-A of the Rajasthan Shops and Commercial Establishments Act, 1958 (for short, the Act) under Chapter VI-A deals with dismissal, discharge and termination of the service which reads as under: "28-A Notice of dismissal or discharge by employer - (1) No employer shall dismiss or discharge from his employment any employee who has been in such employment continuously for a period of not less than six months except for a reasonable cause and after giving such employee at least one months prior notice or on paying him one months wages in lieu of such notice: Provided that such notice shall not be necessary where the services of such employee are dispensed with for such misconduct, as may be defined in the rules made by the State Government in this behalf, and supported by satisfactory evidence recorded at an enquiry held for the purpose in the prescribed manner." ;