- (1.) In the instant writ application, the petitioner/Rajasthan State Industrial and Investment Corporation Limited, Bhiwadi (hereinafter referred to as 'the Corporation', for short), has questioned the legality, validity and correctness of the award dated 18th September, 1996 passed by the Labour Court, Bhiwadi, in Case Number L.C.R. 102/1989 between the petitioner/Corporation and Gokulchand (respondent/workman). The Labour Court held the termination of service of the respondent/workman as illegal and found him entitled for reinstatement in service with full back wages.
(2.) The writ application was listed before this Court on 7th February, 2014 and an opportunity of hearing was granted, making it clear that in the event of non-appearance of the petitioner, the matter will be heard ex-parte. Even today, none appears on behalf of the petitioner. In the facts and circumstances, this Court is left with no option except to proceed with the matter ex-parte.
(3.) Briefly, the essential material facts necessary for appreciation of the controversy raised are : that the respondent/workman was engaged as Class-IV employee with effect from 28th June, 1985 and worked continuously till 25th March, 1987; the day his services were terminated by verbal orders without any notice or wages for the period of notice. No retrenchment compensation was paid to him for the period, he continuously worked. The respondent/workman raised an industrial dispute and submitted his statement of claim, which was responded by the petitioner/Corporation repelling the contents, with the averments that the respondent/workman was engaged on the post of 'Chowkidar' only uptil construction work of RIICO Rest House, for a fixed period and soon after completion of the construction work, engagement/employment of the respondent/ workman automatically came to an end. The Labour Court having considered the pleadings of the parties and taking into consideration the materials available on record, passed the impugned award dated 18th September, 1996 and while answering the reference, held the termination of service of the respondent/ workman as illegal. The Labour Court found the respondent/ workman entitled for reinstatement with continuity of service and all consequential benefits including full back wages from the date of termination i.e., 25th March, 1987 uptil the date of award i.e. 18th September, 1996.;