GYAN SUDHA MISRA, J. - (1.) (shortly referred to as "Samiti") has filed this writ petition challenging the award passed by the Labour Court, Jaipur dated 18/10/1995 wherein it has ordered reinstatement of the respondent Nos. 2 and 3 in the service of the petitioner-Samiti and has also granted compensation to the respondents at Rs. 1500/- per year from the year 1988 upto the date of their reinstatement.
(2.) It has been stated by the petitioner's advocate that the respondents have already been reinstated in service and this writ petition essentially is pressed against the order granting compensation. In that context the counsel for the parties were heard from which it could be noticed that as per the case of the respondents-workmen they were engaged as Safai-Karamchari' in the services of the petitioner-Samiti, but from 10/06/1983 their attendance were not marked and finally in the year 1988 their services were terminated without giving any notice or pay in lieu of notice, It was their further case that for the period of 1983 to 1988 they had filed an application before the Payment of Wages Authority for their wages as the same were not paid to them although they were discharging their duties as 'Safai-Karamchari' but their attendance were arbitrarily not marked in the register. Thus, the respondents' specific case was that from the year 1988 onwards they did not remain in the service of the petitioner- Samiti and their terminations were illegal.
(3.) The case of the petitioner-Samiti, on the other hand, was that the respondents never worked with the Mandi Samiti after 1983 and the plea of the respondents that they discharged their duties upto the year 1988 after which their services were terminated, was not correct. In fact after 1983, they had initially failed to discharge their duties.;