Anupinder Singh Grewal, J. - (1.) This petition is directed against the award of the Labour Court dated 28.09.1998 dismissing claim of the petitioner wherein he had challenged the order dated 02.03.1988 by which his services were terminated.
(2.) The petitioner was appointed as Lower Division Clerk for a period of two months in Kota vide order dated 31.08.1987 (Annexure -1). He is stated to have joined the said post on 02.09.1987 (Annexure -2). Vide order dated 28.10.1987 (Annexure -3), services of the petitioner were extended for two more months and he continued to work till 30.12.1987. However, he is stated to have continued in service till 08.03.1988 and vide order dated 02.03.1988, the services of the petitioner were terminated w.e.f. 29.02.1988. The petitioner then challenged the order of his termination by preferring a writ petition, which was dismissed on the ground that the matter pertains to the Industrial Disputes Act, 1947 (in short "the Act of 1947") and thus, the petitioner had remedy under the Act. The petitioner filed claim before the Labour Court on 09.10.1990 (Annexure -5), which was dismissed vide order dated 28.09.1998 (Annexure -9).
(3.) Learned counsel appearing for petitioner has stated that the Labour Court has erred in law in not accepting the claim of the petitioner, eventhough services of the petitioner were terminated in violation of the Act of 1947 as well as Rule 20 of Rajasthan Agricultural Produce Marketing Rules, 1975 (in short "Rules of 1975"). He has placed reliance on the judgments in the case of General Manager, Northern Railway v/s. Judge, Central Industrial Tribunal [(1991) 1 RLR 577], Oriental Bank of Commerce v/s. Presiding Officer, Central Government Industrial Tribunal and Anr. [ : (1991) 2 RLR 158], Surya Prakash Sharma v/s. Rajasthan Text Book Board, Jaipur [(1991)2 RLR 691], Ex -Major N.C. Singhal v/s. Director General Armed Forces Medical Services, New Delhi [ : AIR 1972 SC 628], Gauri Shanker v/s. State of Rajasthan [Civil Appeal No. 3701/2015, decided on 16.04.2015], Raj Kumar Dixit v/s. M/s. Vijay Kumar Gauri Shankar, Kanpur Nagar [Civil Appeal No. 4370/2015, decided on 12.05.2015], and Mackinon Mackenize & Company Ltd. v/s. Mackinon Employees Union [Civil Appeal No. 5319/2008, decided on 25.02.2015].;