- (1.) THE petitioners have preferred this writ petition against the impugned award dated 08.12.2000 (Annexure/1) passed by th learned labour Court, Bikaner, whereby while adjudicating the reference made by the appropriate Government, the learned labour Court has found that the retrenchment of the respondent -workman is bad in law, as the same is in gross violation of the mandatory provisions contained under Section 25 F,G and H of the Industrial Disputes Act, 1947 (for short hereinafter referred to as the Act of 1947). While concluding that retrenchment of the respondent workman is bad in law, the learned labour Court has set aside the retrenchment of the workman with effect from 31.8.1984 and ordered his reinstatement in the services of the petitioners, without backwages however, the services of the respondent - workman were treated to be continued.
(2.) THE petitioners in the writ petition have inter alia averred that at the threshold, the respondent -workman was engaged as Pump Driver in the month of March, 1983 and he continuously remained in the employment up to August, 1984. As per the version of the petitioners, on 23.7.1984 the workman was served with one month's notice and on expiry of the same, his services came to an end on 23.8.1984. It was further averred that at the time of retrenchment, the respondent -workman was offered the requisite amount of retrenchment compensation. The learned labour Court on evaluation of evidence and other materials on record has found that retrenchment of the respondent -workman was not affected in adherence of the mandatory provisions of the Act of 1947, and as such, the same is bad in law. The matter came up before this Court and at the threshold on 5.12.2012, a show cause notice was issued to the respondent -workman. After service of notice, learned counsel for the respondent put in appearance on 22.7.2004. After appearing before this Court on behalf of the respondent -workman, an application under Section 17 -B of the Act of 1947 was filed on 08.2.2005. The Co -ordinate Bench after considering the said application, disposed of the same by order dated 29.3.2005 and maintained that the petitioners are required to made compliance of the mandatory provisions, contained under Section 17 -B of the Act of 1947. The order dated 29.3.2005 is reproduced as under: "Learned counsel for the respondent submits that in an application under Section 17 -B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act, 1947), it is alleged that the learned Labour Court, Churu vide its award dated 8.12.2000 (Annex.1) has ordered for reinstatement of the respondent Gajanand. Several efforts have been made by the respondent -claimant in petitioner - Department either to reinstate him or in lieu of the reinstatement, make the payment of wages by virtue of Section 17 -B of the I.D. Act. Since efforts were made by the respondent No. 1. He also moved an application on 13.7.2001 and requested the Department kindly to comply with the directions issued by the Labour Court in its award dated 08.12.2000 (Annex. 1), but nothing was done and, in this regard, he also approached the concerned authority, time and again, but, no response to his sincere efforts was made by the concerned -authority. Heard learned counsel for the parties on the application 17 -B of the I.D. Act, 1947. For the reasons mentioned in the application filed under Section 17 -B of the Act, 1947, for implementing the impugned award, in question, the application is allowed. The Department is directed to comply with the provisions of Section 17 -B of the Act, 1947. The Department is also directed to give full back wages to the workman last drawn by him from the date of award as well as yearly increments and D.A. Which are admissible to him as per Rules. The revision of wages, if any, will also be taken into consideration in accordance with the law. Accordingly, the application under Section 17 -B of the Act, 1947 is allowed, as indicated above."
(3.) IT is stated at bar by learned counsel for the rival parties that the due compliance is being made on the said order of the Court under Section 17 -B of the Act of 1947.;