JUDGEMENT
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(1.) THIS petition for writ is placed for its adjudication in the spirit of Lok Adalat.
(2.) THIS petition for writ is preferred to question correctness of award dated 5.7.2001 passed by Industrial Tribunal cum Labour
Court, Bhilwara in Labour Case No.45/95.
Briefly stated, facts of the case are that the workman Shri Zakir Hussain entered in service of the respondents, being
appointed with Mandalgarh Forest Range on 04.11.1987. He
completed two years of service but no semi permanent status as
per the applicable Standing Orders of 1973 was conferred. The
workman raised an industrial dispute, which was referred by
appropriate government under a notification dated 17.8.1995 to
Industrial Tribunal cum Labour Court, Bhilwara for its adjudication
in the terms that "Whether non -grant of semi permanent status to
workman Jakhir Hussain S/o. Shri Peek Khan (represented by
General Secretary, Bhartiya Van Vibhag Karamchari Sangh, 11/97,
Bhupalganj, Bhilwara) by his employer the Deputy Conservator of
Forest w.e.f. 01.11.1991 is just and valid? If not, then for what
relief and amount the workman is entitled?"
(3.) THE Industrial Tribunal cum Labour Court, Bhilwara by its award dated 5.7.2001 answered the reference made to it and
directed the employer to confer semi permanent status to the
workman w.e.f.01.11.1991. During pendency of the industrial
dispute aforesaid, the workman was also retrenched from service
on 30.6.1995. The retrenchment affected was also subject matter
of an industrial dispute referred to Labour Court, Bhilwara by the
appropriate government under a notification dated 28.8.1997.
While answering the reference made to it under the notification
dated 28.8.1997, the learned Labour Court declared retrenchment
of the workman illegal being in violation of provisions of Section
25 -F of the Act of 1947 (hereinafter referred to as the 'Act of 1947'), a direction, therefore, was given to the employer to reinstate the workman in service with all continuity and 50% of
back wages accrued from the date the workman raised an industrial
dispute i.e. 7.1.1997.;
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