- (1.) Heard learned counsel for the appellant. The appellant University has filed the intra court appeal as against the interlocutory order dated 16.11.2011 passed by the Single Bench in CWP No.4201/2006.
(2.) The award was passed on 13.9.1999 by the Labour Court, Jodhpur in Case No.21/1997 directing reinstatement along with 50% back wages, continuity of service after holding the termination of the respondent workman from 23.3.1994 to be illegal. The termination was declared illegal and void due to the non-compliance of the provisions of Section 25F of the Industrial Disputes Act, 1947. The award was questioned in CWP No.821/2000 by the appellant University in which initially, the operation of the impugned award was stayed in April, 2000. The writ application has been finally disposed of by Single Bench of this Court vide order dated 3.8.2004 affirming the impugned award. Besides the order was passed that the provisions of Section 17B of the Industrial Disputes Act be complied with as2 the workman had not been reinstated after the award was passed. The said order passed by the Single Bench has not been questioned by the University in appeal and has attained finality. The fact remains that the award passed by the Labour Court has attained finality. Thereafter, the workman was not reinstated. He has filed fresh CWP No.4201/2006 before the Single Bench in which prayer has been made to implement the award and for other reliefs. The stand of the University was that the workman was ordered to be reinstated but he himself has not joined the service. This fact was contested by the workman. His stand was that the University was not allowing him to join the duty. In view of the aforesaid, the Single Bench has passed an interim order on 16.11.2011 directing the workman to report on duty on 28.11.2011 and has ordered that he shall be taken on duty in case, he reports. The said order has been questioned by the University by way of the filing the intra court appeal.
(3.) Ms.Kusum Rao, learned counsel appearing on behalf of the appellant University has submitted that the workman was asked to join but he did not submit the joining for the reasons best known to him. Even after the order passed by the Single Bench, he has not submitted the joining. However, learned counsel was unable to dispute the fact that the award has attained finality and that the CWP No.821/2000 challenging the award has been dismissed by the Single Bench in the year 2004. She has relied upon a decision of the Hon'ble Apex Court in Incharge Officer & Anr. Vs. Shankar Shetty, 2010 9 SCC 126] to contend that reinstatement should not be directed. In such case, compensation is the appropriate relief as it was a case of loss of confidence.;