Veerender Singh Siradhana, J. - (1.) THE petitioner, in the instant writ application has assailed the legality and validity of the award dated 20th April, 2012, by the Labour Court -1, Jaipur, while answering the reference made by the appropriate government, upholding the action of the respondent -employer in terminating of the employment of the petitioner/workman vide order dated 1st April, 2002.
(2.) BRIEFLY , the indispensable skeletal material facts essential for appreciation the controversy raised in the instant writ application needs to be first noticed. The petitioner was initially engaged as 'Plumber' w.e.f. 1st January, 1995 and discharged his duties with sincerity and to the utmost satisfaction of the employer until termination of his employment, contrary to the mandate of statutory provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to 'Rules of 1947', for short), as well as Industrial Dispute (Central) Rules, 1958, on 1st April, 2002. It is pleaded case of the petitioner that initial engagement of the petitioner was extended from time to time and by the time his employment was terminated he had completed more than 240 days. Sbcwp No. 1611/2004 (Chhitar Mal Meena Vs. State of Raj.& Ors.), preferred by the petitioner was dismissed on 25th November, 2005, for availability of alternative remedy under the provisions of Act of 1947, which was availed by the petitioner -workman and as a consequence, the State Government vide its communication dated 13th December, 2007, made a reference to the Labour Court.
(3.) THE petitioner -workman filed his statement of claim, which was responded by the respondent -employer. The parties tendered their evidence. The Labour Court -1, Jaipur, taking into consideration pleaded facts and materials available on record as well as the evidence tendered by the parties decided the reference vide impugned award dated 20th April, 2012, in negative holding the action of the respondent -employer as legal and valid, in terminating the employment of the petitioner -workman vide order dated 1st April, 2002.;