STATE OF RAJ. & ORS. Vs. JUDGE, LABOUR COURT, JODHPUR & ANR.
LAWS(RAJ)-2011-12-100
HIGH COURT OF RAJASTHAN
Decided on December 08,2011

State Of Raj. And Ors. Appellant
VERSUS
Judge, Labour Court, Jodhpur And Anr. Respondents

JUDGEMENT

VINEET KOTHARI - (1.) THESE three writ petitions are disposed of by this common order.
(2.) Writ Petition No. 3672/1998 has been filed by the employer State being aggrieved of the ex -parte award of the Industrial Tribunal (Annex.5) dated 15/1/1994 deciding Industrial Dispute case 144/89 Karan Singh vs. Divisional Forest Officer, Sirohi. The Industrial Tribunal in its award dated 15/1/1994 held that the termination of workman was illegal and in violation of provisions of Section 25F of the Industrial Disputes Act and the workman is entitled to reinstatement in service as driver and was also held entitled to back wages. The application for setting aside the ex -parte award was rejected by the learned Tribunal and, therefore, the workman filed Writ Petition No. 2673/1997 in this Court seeking implementation of the said award dated 15/1/1994. In the meanwhile, the proceedings under Section 33C(2) of the Act in case no. 134/1997 Karan Singh vs. Divisional Forest Officer, Sirohi were also allowed on 17/9/1998 and the learned Tribunal directed the employer to pay a sum of Rs. 77630/ - to the workman. Being aggrieved of the said order, the State of Raj. has filed Writ Petition No. 4177/1998.
(3.) LEARNED counsel for the respondent workman, Mr. Rajesh Choudhary submitted that during the pendency of this litigation, the Divisional Forest Officer, Sirohi has reinstated the workman back in service vide order dated 16/12/2001, however, despite such reinstatement, subject to final decision of writ petition, the petitioner workman, who is working as a full time Driver with the Forest Department, is being paid only Rs. 700/ - p.m. as per the last pay drawn by him before his illegal termination on 29/8/85. He, therefore, prayed that at least minimum wages should be paid to the respondent workman.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.