ALOK SHARMA,J. - (1.) Under challenge is the award dated 11-12-2012 passed by the Labour Court and Industrial Tribunal Ajmer (hereinafter 'the Tribunal') in LCR No.26/2009 whereby the petitioner's claim of his retrenchment by the respondent University being illegal and improper and seeking reinstatement has been dismissed.
(2.) The petitioner was a muster-roll employee with the respondent University between 1-9-1991 and 31-1-1993. He was retrenched by a reasoned order dated 30-1-1993 effective 1-2-1993. The order dated 30-1-1993 clearly sought to comply with the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter 'the 1947 Act'), whereby consequent to his retrenchment, the petitioner was paid a sum of L 974/- vide draft No.839922 dated 29-1- 1993, constituted of L 634/- towards a month's wage in lieu of notice period and L 340/- towards 15 days wages as compensation, the petitioner having worked for year as provided for under Section 25F(a) of the 1947 Act prior to his retrenchment.
(3.) The retrenchment under order dated 30-1-1993 was belatedly put to challenge by the petitioner after 10 years, 2 months seeking to raise industrial dispute under the provisions of the 1947 Act. The Government in the first instance declined taking cognizance of the dispute and refused to make reference vide order dated 27-10-2004 for reason of it being inordinately delayed. SBCWP No.4076/2006 at the instance of the petitioner followed and was allowed by this court vide order dated 15-7-2009. The Government's order dated 27-10-2004 declining reference of the petitioner's dispute under the Act of 1947 was quashed and set aside and it was required to reconsider the matter dehors the delay. Thereon, the Government passed an order for reference of the dispute to the Tribunal Ajmer vide order dated 29-10-2010. The reference was under:- ...[VERNACULAR TEXT OMITTED]... ;