Vijay Bishnoi, J. - (1.) THIS writ petition has been preferred by the petitioners against the order dated 22.11.1999 passed by the Labour Court, Bhilwara (for short 'the labour court' hereinafter) in Labour Dispute Case No. 16/1991 on an application preferred by the respondent -workman under section 33 (c)(2) of the Industrial Disputes Act, 1947 (for short 'the Act of 1947' hereinafter), whereby the labour court has ordered that the respondent -workman is entitled to get the amount of salary as per the judgment and award dated 07.05.1975 passed by the Labour Court, Jaipur in Case No. L.C. 133/94.
(2.) THE learned counsel for the petitioners has assailed the validity of the order dated 22.11.1999, while contending that the respondent -workman was never under the employment of the petitioners at any point of time and, therefore, the labour court has grossly erred in passing the impugned order on the application preferred by the respondent -workman under section 33(c)(2) of the Act of 1947, directing that the respondent -workman is entitled to get the benefits as per the impugned judgment and award dated 07.05.1975 from the petitioners. The learned counsel for the petitioners has argued that the judgment and award dated 07.05.1975 was passed against Chambal Civil Transmission Sub -Division, Bhilwara and the petitioners were never the party before the labour court and, therefore, they are not liable to grant the benefits to the respondent -workman as directed under the judgment and award dated 07.05.1975. The learned counsel for the petitioners has also argued that the Chambal Civil Transmission Sub -Division, Bhilwara was never merged with the petitioners at any point of time and, therefore, the liability of the employees working under the Chambal Civil Transmission Sub -Division, Bhilwara cannot be fastened upon the petitioners. The learned counsel for the petitioners has also argued that the respondent -workman had filed the application under section 33(c)(2) of the Act of 1947 after a great delay but the labour court has not taken into consideration the same and illegally passed the impugned order on the said application. Heard the learned counsel for the petitioners and perused the material placed on record.
(3.) THE respondent -workman was appointed as labourer on 04.03.1966 with the Chambal Civil Transmission Sub -Division, Bhilwara and was declared semi permanent on 04.07.1968. However, his services were retrenched on 04.12.1969. The respondent -workman had raised an industrial dispute, wherein the appropriate Government made the following reference to the Labour Court, Jaipur vide notification dated 11.07.1974 for adjudication: ;