- (1.) These two intra-court appeals, arising out of the two writ petitions (CWP Nos. 4504/2005 and 5431/2005), which were filed respectively by the workman (respondent No. 1 herein) and by the employer (the appellant herein) in relation to the same award dated 27.02.2004 as made by the Labour Court, Bikaner in Reference Case No.35/1998, have been considered together; and are taken up for disposal by this common judgment.
(2.) In the aforesaid award dated 27.02.2004, the Labour Court, Bikaner answered the reference made by the State Government under Section 10 of the Industrial Disputes Act, 1947 ('the Act of 1947') on the question of validity of termination of services of the respondent-workman from 02.09.1996; and, while holding the termination invalid and illegal, directed the appellant-University to reinstate the workman with benefit of continuity of service and to pay him an amount of Rs.3,000/- as compensation in lieu of back wages.
(3.) This award was sought to be questioned by the appellant-University by way of a writ petition in this Court, being CWP No.5431/2005. On the other hand, the respondent-workman also filed a writ petition, being CWP No.4504/2005, questioning the award to the extent of denial of back wages; and with the prayer that the employer be directed to implement the award forthwith.;