- (1.) At the request of learned counsel for the parties, arguments were heard and special appeal is being disposed off finally.
(2.) The employer/appellant has preferred this intra Court appeal against order dated 08.05.2006 passed by Single Bench, whereby S.B. Civil Writ Petition No. 595/1997, filed by the petitioner/appellant, has been dismissed.
(3.) The facts of the case are that the workman/Respondent No. 1 was dismissed from service by the employer/appellant. He challenged his termination order in Civil Court by filing a suit for declaration. The suit was decreed by the Court of District Judge, Ajmer vide judgment and decree dated 19.12.1986 and it was declared that the plaintiff's dismissal order is illegal, ineffective as well as null and void. So far as back wages and other benefits are concerned, it was left open by the Civil Court that the workman will be entitled to approach the competent court/authority. Thereafter, the workman filed an application under Section 33C(2) of the Industrial Disputes Act, 1947(for short 'the Act') before the Labour Court, Jaipur(for short 'the Labour Court') for computation of the amount of arrears of salary etc. He filed statement of benefits and prayed that a sum of Rs. 1,00,874.05 is due against the employer. The application was contested by the employer/appellant contending that the workman did not join before 26.10.1987, therefore, he is not entitled for any amount and no salary is payable before that date. The submission of the workman before the Labour Court was that it was a duty of the employer to pass order of reinstatement in pursuance of the judgment and decree passed by the Civil Court, therefore, he is not at fault. The Labour Court vide its order dated 17.12.1994, recorded a finding that the dispute between the parties is only with respect of period from the date of passing of judgment and decree by the Civil Court till the date of joining, i.e. from 19.12.1986 to 26.10.1987 and consequently, directed the employer to make payment of Rs. 63,505/- to the workman. Subsequently, the order dated 17.12.1994 was modified by the Labour Court and it was directed vide order dated 23.03.1996 that a sum of Rs. 60,504/- is determined and the same will be payable in place of Rs. 63,505/-.;