Govind Mathur, J. - (1.) IN pursuant to the order dt. 12.11.2013 passed by a co -ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat. In view of the fact that none is present on behalf of the parties, I am examining the validity of the award impugned on its merits.
(2.) BRIEFLY stated, facts of the case are that the appropriate Government by a notification dt. 17.11.1999 referred an industrial dispute for its adjudication to the Labour Court, Jodhpur in the terms that "Whether the termination of workman Mr. Khumanaram S/o. Mr. Nimbaram Bheel, former daily rated employee, represented through the General Secretary, Jalday Shramik Kalyan Sangh, Barmer by the employer Assistant Engineer, Public Health and Engineering Department, Sub -division Dhorimanna with effect from 01.10.1985 was just and valid? If not, then for what relief and amount the workman is entitled - As per the statement of claim made by the workman, he entered in service being employed on casual basis on 01.12.1984. He was terminated from service on 30.09.1985 under an oral order. The workman alleged that his termination, as a matter of fact, amounts to retrenchment as defined under Sec. 2(oo) of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'the Act of 1947') effected without adhering the mandatory conditions precedent to do so.
(3.) THE employer in return contested the case with assertion that the workman, as a matter of fact, was not in continuous service being worked only for a period of 219 days. It was also contended that the dispute was raised at quite a belated stage and therefore, no relief as claimed could have been given.;