- (1.) BY way of this intra-court appeal, the appellant-employer seeks to question the order dated 01.03.2012 as passed in the writ petition (CWP No.878/2008) filed against the award made by the Industrial Tribunal-cum-Labour Court, Udaipur ('the Tribunal') whereby the learned Single of this Court, while admitting the writ petition for consideration, proceeded to modify the interim order earlier passed on 20.02.2008; and ordered that only the direction as regards awarding of 40% back wages shall remain stayed but there would not be any stay against reinstatement as directed by the Tribunal.
(2.) THIS appeal, essentially against an interim order passed by the learned Single Judge, is reported to be barred by limitation by 29 days. An application under Section 5 of the Limitation Act has been moved stating the time consumed in the processing of the matter in the office of the appellant being the reason for delay. Having regard to the circumstances, while ignoring the delay, we have considered the matter on merits. After having heard the learned counsel for the appellant and having perused the material placed on record, we are unable to find any such error in the order in question as to call for interference in the intra-court appeal. A perusal of the award dated 02.08.2007 shows, prima facie, that the Tribunal concerned has taken note of all the facts and circumstances of the case and has found the proposition as adopted by the appellant in terminating the services of the workman on medical ground to be wholly unjustified. On such findings, essentially on facts, the Tribunal passed the award impugned directing reinstatement of the workman with 40% of the back wages. In the totality of the circumstances, we find no reason for staying operation of the award impugned insofar it relates to the relief of reinstatement; and the learned Single Judge cannot be faulted in modifying the interim order earlier passed in the matter.
(3.) BEFORE parting with the matter, we cannot help commenting that as per the observations made in the award impugned, the workman, though has suffered some set backs in his physical condition but has not been rendered totally unfit and is capable of working, may be a bit on the lighter side. He could not have been shunted out in the manner attempted by the appellant, said to be an agency of Government and supposed to act as a model employer. While we are declining to interfere with the order as passed by the learned Single Judge, it appears necessary and hence, is ordered that the award dated 02.08.2007, as regards reinstatement shall be given effect to immediately by the appellant and in any case, before the end of this month. Subject to the requirements aforesaid, this appeal stands dismissed.;