Anupinder Singh Grewal, J. - (1.) - The petitioner has challenged the award of the Labour Court dated 19.07.2004 whereby the respondent no.2 workman has been directed to be reinstated in service.
(2.) The respondent workman is stated to have been appointed on the post of Chowkidar on daily wages with the petitioner on 26.07.1982. His services were terminated on 18.11.1984. He raised industrial dispute in the year 1990. The Government declined to refer the matter for adjudication to the Labour Court vide order dated 04.02.1991 (Annexure-1). However, lateron the dispute was referred for adjudication to the Labour Court. The Labour Court while holding that the termination of the respondent workman was in violation of Section 25F of the Industrial Disputes Act, 1947, directed his reinstatement with continuity of service but without back wages. The award of the Labour Court was challenged by the petitioner by preferring writ petition which was dismissed by Coordinate Bench of this Court on 28.02.2006. The petitioner thereafter preferred appeal there against and the Division Bench in the case of Youth Coordinator, Nehru Yuva Kendra, Jaipur v. The Labour Court No.2, Jaipur & anr.- D.B. Civil Special Appeal No.400/2006 decided on 27.10.2014 while allowing the appeal remanded the matter back to this Court as no reasoning had been advanced by the Single Bench.
(3.) Learned counsel for the petitioner has contended that the dispute was raised by the respondent workman after a delay of six years and he had himself abandoned the services and, hence, the award of the Labour Court deserves to be set aside. Per contra, learned counsel appearing for the respondents has contended that as the respondent workman had worked for over two years and his services had been terminated by the petitioner in violation of Section 25F and H of the Industrial Disputes Act, the Labour Court has rightly allowed the claim and directed reinstatement of the respondent workman with continuity in service.;