- (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.
(3.) 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 :- Image 1;