- (1.) ON a consideration of the averments made in the application, supported by an affidavit, delay of 284 in filing the accompanying appeal is condoned. The application is allowed. In Appeal:
(2.) BEING aggrieved by the judgment and order dated 08.08.2011, passed in S.B. Civil Writ Petition No.7074/2009, the writ -petitioner is in appeal. By the judgment and order impugned, the learned Single Judge had declined to interfere with the award dated 19.11.2008, passed by the learned Labour Court No.2, Jaipur, Rajasthan in Reference Case No. L.C.R. 864/1998. The pleaded case of the appellant/writ -petitioner is that he was appointed in the post of Driver under the respondent No.1 i.e. The Executive Engineer, Gan Niyantran Khand, Bisalpur Pariyojna, Bisalpur, District Tonk on 11.01.1989 and rendered continuous service in the said capacity till he was illegally terminated on 27.10.1989. According to him, he had, during that period, completed more than 240 days of uninterrupted service. Contending that the termination of his service had been without any prior notice and in violation of Section 25 -F of the Industrial Disputes Act, 1947 (for short, hereafter referred to as 'the Act'), he raised an industrial dispute, which eventually got referred to the learned Labour Court No.2, Jaipur, as referred to hereinabove.
(3.) WHILE the appellant/writ -petitioners reiterated the above facts before the learned Labour Court, the respondents, in substance, denied that he had rendered 240 days of continuous service and thus, asserted that the termination thereof was not necessary in law to be preceded by compliance of the essentialities of Section 25 -F of the Act.;