Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petition, the petitioner has approached this Court assailing the validity and legality of the award Annex. 10 dated 19.8.1999 passed by the Labour Court cum Industrial Tribunal, Bhilwara in Labour Case No. 10/94 whereby the labour dispute instituted on behalf of the respondent workman under the provisions of the Industrial Disputes Act, 1947 was allowed and the removal of the petitioner from service by a so -called order dated 28.8.1989 passed by Deputy Conservator of Forest, was declared to be illegal and the department was directed to take the respondent workman on duty from 29.1.1992 with full back wages and emoluments. Facts in brief are that the respondent workman Girwar Das was employed as a watchman on daily wage basis in the respondent department on 19.10.1983 and continued to work on the post for almost six years. He claimed that owing to illness of his wife, he was prevented from going on duty from 28.8.1989 onwards. He submitted applications to the authorities for granting him leave during the period of his absence. Ultimately, he went to the department on 29.1.1992 with medical and fitness certificates and requested that he should be taken back on duty but the authorities refused to accede to his demand. Upon this, the respondent workman raised an industrial dispute through his union. Upon failure of conciliation proceedings, the matter was referred to the Industrial Tribunal, Bhilwara for adjudication under the provisions of the Industrial Disputes Act. The Labour Judge framed the following issue for adjudication: -
(3.) THE respondent workman pleaded in his affidavit that he was initially engaged as watchman in the forest department on 19.10.1983. Thereafter, he was assigned the duties of a Mohrir on 5.7.1984 and continuously worked on the said post till 28.8.1989. After 28.8.1989, his father, his wife and he himself fell ill one after the other and as such, he could not go for attending duty. He procured requisite medical certificates and went to the department for rejoining duty on 25.1.1992 but the respondent authorities did not permit him to resume work. In the statement of claim, the petitioner mentioned that he submitted an application for leave of absence on 20.9.1990 and thereafter, sent request letters dated 3.1.1991, 28.1.1991, 12.2.1991 and 29.1.1992 for extending the leave period. On the other hand, in the evidence affidavit, it was stated by the petitioner that he forwarded leave applications dated 3.11.1989, 3.9.1990, 2.7.1990, 20.7.1990, 20.9.1990, 3.1.1991 and 28.1.1991 to the department praying for leave on the ground of illness of his wife, father and he himself.;