STATE OF RAJASTHAN Vs. MAHAVEER SINGH
LAWS(RAJ)-2012-9-159
HIGH COURT OF RAJASTHAN
Decided on September 06,2012

STATE OF RAJASTHAN Appellant
VERSUS
MAHAVEER SINGH Respondents

JUDGEMENT

- (1.) THIS petition for writ is preferred to question correctness, validity and propriety of award dated 28.4.2011 passed by Labour Court, Bhilwara and the order dated 22.5.2012 passed by the same court rejecting the application preferred by the employer as per provisions of Rule 22 of the Rajasthan Industrial Disputes Rules, 1957 (hereinafter referred to as 'the Rules of 1957').
(2.) THE factual matrix necessary to be noticed is that the appropriate government referred an industrial dispute for its adjudication to the Labour Court, Bhilwara in the terms that "Whether the employer (1) Commissioner, Panchayati Raj Department, State Secretariat, Jaipur, (2) Chief Executive Officer, Bhilwara, (3) Vikas Adhikari, Panchayat Samiti, Shahpura, District Bhilwara were right in terminating the workman Shri Mahaveer Singh S/o. Swaroop Singh, resident of Village Mevda, Post Tehnal, Tehsil Shahpura, District Bhilwara from service on 31.1.2007 ? if not, then what relief the workman is entitled ?" A statement of claim was filed by the workman with assertion that he was employed with the respondent as Chokidar/ Mistry on 01.11.1983, but was retrenched from service on 31.1.2007 without adhering the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947').
(3.) DESPITE service of notice no one has put in appearance on behalf of the employer. Accordingly an order was made to proceed against the petitioner-employer ex parte.;


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