VINEET KOTHARI - (1.) BY the present writ petition, the petitioner - workman has prayed for implementation of award dtd.13.2.2003 passed by the Industrial Tribunal, Jodhpur in Labour Case No. 207/1999 - Khem Singh V/s Regional Forest Officer holding that termination of petitioner's services was illegal being in violation of mandatory provisions of section 25 -F of the Industrial Disputes Act and therefore, he deserves to be reinstated back in service with 30% back wages.
(2.) From the record, it appears that cross writ petition filed by the State - Forest Department, namely, SBCWP No. 2184/2005 - State of Rajasthan and anr. V/s Khem Singh and anr. has already been dismissed by the coordinate Bench of this Court on 4.1.2011, the operative portion of the said judgment of the coordinate bench is reproduced below for ready reference: In my opinion, in this case, there is no material to rebut the fact that the respondent - workman was appointed on 1.5.1980 and worked upto 1.5.1983. In this view of the matter, it is obvious that for valid termination, the petitioner department was under obligation to comply with Section 25 -F (a) and (b) of the ID Act, which has not been complied with, therefore, even if the reference is made after 14 years, the Judge, Labour Court gave finding that respondent - workman is entitled to be reinstated and his termination is also illegal and while passing such award, it is observed that respondent - workman will not be entitled for wages for the period he did not work, so also, passed an order for making payment of 30% of the salary, that too, from the date of reference, which is 31.12.1998. In my opinion, the question of fact cannot be interfered with by this Court while exercising supervisory jurisdiction under Article 227 of the Constitution of India. Therefore, it is not a fit case in which any interference is warranted under Article 227 of the Constitution of India. Hence, there is no force in this writ petition and the same is hereby dismissed.
(3.) IN view of this, the present writ petition of the workman deserves to be allowed. The same is accordingly allowed and the impugned award of the Industrial Tribunal, Jodhpur shall be implemented by the respondent - Department immediately. If the award is not implemented within a period of 3 months from today, the petitioner - workman shall be entitled to invoke contempt jurisdiction of this Court. No order as to costs.;