KHEMA & ORS Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2014-5-329
HIGH COURT OF RAJASTHAN
Decided on May 12,2014

Khema And Ors Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners.
(2.) Learned counsel for the petitioners submits that the petitioners were initially appointed in the Mahi Project, Banwara of respondent Department on 1.1.1978 and they worked upto 31.12.1985 but their services were terminated without compliance of Section 25-F of the Industrial Disputes Act. The petitioners raised industrial dispute before the conciliation officer and ultimately after failure of conciliation proceedings, the labour dispute with regard to their retrenchment from service was referred to the Judge, Labour Court, Udaipur. The Judge, Labour Court, Udaipur passed an award in favour of the petitioners whereby the order of retrenchment w.e.f. 31.12.1985 was set aside on the ground that it was passed without making compliance of the Industrial Disputes Act. The Judge, Labour Court passed an award for reinstatement with 50% back wages from the date of raising industrial dispute by the petitioners w.e.f. 1.4.1994.
(3.) The award passed by the Judge, Labour Court on 17.1.2003 in case of the petitioners were challenged before this Court by way of filing SB Civil Writ Petition No.5454/2003 but learned Single Judge of this Court dismissed the said writ petition vide judgment dated 19.1.2004.;


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