Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE respondent -employee Sunder Lai workman was initially appointed on the post of Survey Ameen on 27.8.1971. It is alleged that his service was illegally terminated on 5.6.1973 then the matter was referred to the sole arbitrator who passed the award on 7.9.1978 directing the appellant to reinstate the respondent -employee. According to the respondent -employee he gave his attendance before the appellant on 21.9.1979 and he was permitted to join duties vide letter dated 18.5.1981, however, he was allowed to join the duty on 19.12.1981. He alleged that again his service was terminated on 31.5.1986. Then, the respondent raised industrial dispute upon which dispute was referred to the Labour Court, Udaipur. The dispute referred was that whether the termination of service of the respondent was legal and if not then to what relief the respondent was entitled. Before the learned labour court appellant -State submitted reply to the claim of the respondent stating therein that the respondent did not join the duty and remained wilfully absent from duty and he was directed vide letter dated 18.5.1981 to join the duty but he joined the duty after 7 months on 19.12.1981. The respondent again remained absent from 10.5.1982 to 31.5.1982 and joined the duty on 1.6.1982 then again he remained absent on 4.6.1982 to 13.8.1984 and during this period, many letters were issued to the respondent by the appellant. The respondent then gave his joining on 14.8.1984 whereupon he was directed to join in the office of Assistant Engineer, Sirohi, but he did not join duty there. According to the appellant, the respondent was then given notice dated 29.5.1986 of one month and also paid reinstatement compensation.
(3.) AFTER evidence of the parties, the learned labour court passed the award in favour of the workman on 22.3.2002 and directed appellant to reinstate the respondent and also give his seniority and back wages. The tribunal also ordered that the amount which has been received by the respondent under Section 25F shall be deposited by the respondent within a period of one month from the date of award.;