Govind Mathur, J. - (1.) To question correctness of the judgment dated 22.9.2014 passed by learned Single Bench in S.B. Civil Writ Petition No. 8197/2012, this appeal is preferred. Though the appeal is barred by limitation from 67 days, we considered the same on merits.
(2.) The Appropriate Government under a Notification dated 04.3.2005 referred an industrial dispute for its adjudication to the Labour Court, Bikaner in following terms: - - "Whether any relationship of workman and employer exists between the applicant and the non -applicant? Whether the applicant completed a service of 240 days in one calendar year before his termination of service? If yes, then whether the termination of workman Baldev Singh w.e.f. 05.02.2001 by his employer the Project Officer (Ground Water), Command Area Development Department, Bikaner is just and valid? If not, then for what relief the workman is entitled -
(3.) As per the workman, by an oral order dated 5.11.1990 he was employed with Ground Water Department and his services were utilized as Lab Assistant and Class -IV employee. At the time of initial appointment, the employer paid wages @ Rs. 22/ - per day and the same was enhanced w.e.f. 01.9.1995. On 5.2.2001 he was retrenched from service without assigning any reason. By placing certain documents on record, the workman supported his facts. It was stated by the workman that before terminating him from service, the employer did not adhere the mandatory conditions precedent to effect retrenchment as prescribed under Sec. 25 -F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act of 1947'). An allegation was also made for non -compliance of the provisions of Sec. 25 -G and 25H of the Act of 1947.;