VINEET KOTHARI - (1.) BOTH , the workman as well as Employer, State are aggrieved by the award of Industrial Tribunal, Bhilwara deciding Industrial Dispute Case No. 77/2003 Vinod Kumar S/o Chhagan Lal Tripathi Vs. State of Rajasthan & Ors.
(2.) whereby the learned Tribunal held that retrenchment of the workman w.e.f. 31.05.2001 was illegal and contrary to Section 25 -F of the Industrial Disputes Act, 1947 (for short, hereinafter referred as 'Act of 1947'); and therefore, the workman was entitled to reinstatement in the service with 25% of the back -wages. Learned Industrial Tribunal in its award dated 20.06.2005 further observed that if there are no sanctioned posts of driver with the Revenue Department of the State Government then after following the provisions of Section 25 -F of the Act of 1947, the Employer can retrench the services of the workman.
(3.) THE workman has challenged only later part of the observation in the award dated 20.06.2005, whereas the State has challenged the reinstatement with 25% of the back -wages itself.;