Govind Mathur, J. - (1.) IN pursuant to order dated 13.11.2013 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 9.3.2000 passed by Labour Court, Udaipur in Labour Case No. 67/91.
(2.) BRIEFLY stated, facts of the case are that the appropriate government referred an industrial dispute for its adjudication to the Labour Court, Udaipur in the terms that A statement of claim was filed on behalf of the workmen with the assertion that they were in the employment of respondents for a period of more than one year but they were retrenched from service on 01.6.1986 without adhering the provisions of Section 25 -F of the Industrial Disputes Act, 1945 (hereafter referred to as 'the Act of 1947'). The Labour Court after examining the entire evidence available on record arrived at the conclusion that the retrenchment of workmen Bheru Lal and Shankar Lal by the employer the Director, Mines and Geology Department, Udaipur was not just and proper. It was also held that the workmen were entitled to be declared semi -permanent as per Mines & Geology Department Work -Charge Employees Service Condition Order, 1976 (hereinafter referred to as 'the Order of 1976'), however, the Labour Court instead of making order of reinstatement in service, awarded compensation to the workman -Shankar Lal in a tune of Rs. 2500/ - and a sum of Rs. 27000/ - to workman -Bheru Lal.
(3.) THIS petition for writ is preferred only by workman -Bheru Lal. It is submitted by learned counsel for the petitioner workman that once the Labour Court arrived at the conclusion that the workman was entitled for grant of semi -permanent status under the Order of 1976, then there was no just and valid reason for not reinstating him in service. It is submitted that re -instatement has been denied only on the count that the employer was not having requisite work to continue the workman in service. It is asserted that so far as the work -charge employee is concerned, if he is made semi -permanent status, then he could have been taken even on regular cadre by the employer.;