- (1.) THIS petition for writ is referred for adjudication in the spirit of Lok Adalat, however, the workman is not desirous to enter into any agreement and want to contest the cause.
(2.) BRIEFLY stated, facts of the case are that the appropriate government under a notification dated 28.01.1994 referred an industrial dispute for its adjudication in the terms that "Whether the termination of workman Mr. Gauri Shankar S/o Bheru Dan represented by the General Secretary, Forest Labour Union, Tyagi Vatika, Jail Well, Bikaner by its employer Deputy Conservator of Forest, Chhatargarh, Bikaner is just and valid ? If not, then for what relief and amount the workman is entitled ?" As per the statement of claim submitted by the workman, he entered in service of petitioner -employer on 01.01.1987. He was discontinued from service in the month of March 1992 without assigning any reason and also without adhering the mandatory conditions precedent for a valid retrenchment. The petitioner also stated that the retrenchment made was in violation of the provisions of Section 25 -G of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947') and Rules 77 and 78 of the Rajasthan Industrial Disputes Rules, 1958.
(3.) A written statement was filed by the employer with assertion that the workman was never retrenched and as a matter of fact, he at his own did not choose to join duties after 01.01.1991.;