- (1.) THIS appeal has been preferred by the State against the judgment of the learned Single Judge dated 29/08/2002 dismissing S.B. Civil Writ Petition No. 5092/2001 filed by the State against the award passed by the learned Labour Court, Kota dated 28/05/1997.
(2.) FACTS in brief are that the Respondent - workman challenged his retrenchment from service w.e.f. 01/09/1983 without compliance of Section 25F of the Industrial Disputes Act despite having completed 240 days of work in one calendar year. The learned Single Judge after examining the record and hearing the parties affirmed the finding given by the learned Labour Court with regard to breach of the provisions of Section 25F of the Industrial Disputes Act despite the Respondent -workman having completed 240 days of work in one calendar year. Since the learned Labour Court had itself taken note of the fact that the dispute had been raised after a gap of considerable period on 17/01/1992, the learned Labour Court had reduced the quantum of back wages to be paid to 50%.
(3.) DURING the course of hearing before this Court the learned Counsel appearing for the Respondent -workman submitted that although the workman is interested for being reinstated in the job, but the Respondent -workman agrees to forgo the award with regard to 50% of the back wages allowed by the Labour Court.;