- (1.) THIS intra -court appeal is directed against the order dated 23.08.2005 passed in S.B. Civil Writ Petition No. 2968/2005: Moola Ram Vs. State & Ors. whereby, a learned Single Judge of this Court has allowed the writ petition filed by the workman (respondent herein) against the award dated 12.05.2003 made by the Industrial Disputes Tribunal and Labour Court, Jodhpur in Case No. 47/2001.
(2.) ON the claim of the respondent -workman for grant of regular pay -scale and payment at par with the regularly appointed persons, the following reference came to be made by the State Government: - .........[vernacular ommited text]........... The basic case of the respondent -workman had been that he was appointed as Chowkidar in the Social Welfare Hostel, Goonga (Barmer) and was being made to work for the whole time but was not been paid salary equivalent to that of Chowkidar in the Department. The present appellants, on the other hand, contended that the respondent -workman had been engaged as part -time Chowkidar by the Mess Committee on a fixed salary and hence, he was not entitled to the relief as claimed.
(3.) IN its impugned award dated 12.05.2003, the Labour Court, inter alia, took note of the fact that the workman himself admitted in his cross -examination that he was working for 2 hours but later on, also stated that he was working full -time. He, however, admitted that there was no specific order for his full -time working. The witness examined on behalf of the Department also stated that the respondent -workman was not working on full -time basis.;