- (1.) HEARD finally with the consent of learned counsel for the parties.
(2.) THE services of respondent/workman Ramsingh were retrenched. The Labour Court, Kota, vide its Award dated 08.02.1999, declared the termination order of respondent as illegal and it was directed that workman will be reinstated in service with continuity of service and 30% back wages from the date of termination till 09.08.1996. Being aggrieved with the Award passed by the Labour Court, employer/Divisional Forest Officer, Kota, has preferred this writ petition. The writ petition was admitted and no interim stay was passed in the case. Respondent/workman was reinstated, in pursuance of Award passed by the Labour Court, but he has not been paid the back wages till date. There is no dispute in the above factual aspect of the case between the parties. Learned counsel for respondent/ workman has filed Application No.45095, dated 27.09.2012, stating therein that the State Government has issued a Circular dated 17.07.2012, wherein it is provided that in the cases relating to Industrial Disputes Act, if a workman agrees to forego the back wages and no interim stay order has been passed in favour of the Department, then the matter can be settled in Lok Adalat. He has also annexed a copy of Circular of the State Government dated 17.07.2012 along with the application. Learned counsel for respondent/ workman submitted that he has instructions from respondent that he is ready to forego his back wages, provided the matter is settled and the writ petition is disposed off.
(3.) LEARNED counsel for petitioner has not disputed the issuance of Circular dated 17.07.2012. He also does not dispute that respondent/workman has been reinstated, in pursuance of the Award passed by the Labour Court, but he has not been paid the back wages, as per direction of Labour Court. He, therefore, submitted that since respondent/ workman has given in writing, in the application dated 27.09.2012, that respondent/workman is ready to forego his back wages, therefore, the matter can be disposed off in the light of Circular dated 17.07.2012. As agreed by learned counsel for both the parties, the writ petition is disposed off in the following manner:- (i) Respondent/workman has given in writing that he is ready to forego his back wages, as per direction given in the Award of the Labour Court dated 08.02.1999, therefore, the Award of the Labour Court, to that extent, is set aside. (ii) Respondent/workman has already been allowed to join his post in terms of the Award dated 08.02.1999, therefore, he will continue to be in service, as per direction of the Labour Court. (iii) Other directions of the Labour Court, except back wages, will remain as it is. With the aforesaid terms, conditions and directions and as agreed by the learned counsel for both the parties, the writ petition stands disposed off. ;