- (1.) In pursuant to the order dated 11.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat. This petition for writ is preferred to challenge the award dated 23.9.2000 passed by learned Labour Court. Jodhpur in Labour Case No. 1 70/1995.
(2.) Briefly stated, facts of the case are that the appropriate Government by a notification dated 8.8.1995 referred an industrial dispute for its adjudication to the Labour Court, Jodhpur in the terms that "Whether the termination of workman Mr. Asu Singh S/o. Mr. Narpat Singh (represented by Mr. Bhagirath Chandaura, Mill Gate. Pali) by his employer-Officer Incharge, Agricultural Research Centre, Sumerpur, Pali with effect from 1.6.1993 is just and valid? If not, then for what relief the workman is entitled?'
(3.) The Labour Court after considering the entire material available on record arrived at the conclusion that the 'termination of the workman from service amounts to retrenchment as defined under section 2(oo) of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'), that was effected without adhering the mandatory conditions precedent to do so. Accordingly, the retrenchment was declared illegal and the workman was declared entitled for reinstatement in service with 25% of the back-wages accrued.;