Mr Sandeep Mehta, J. - (1.) By way of this writ petition, the petitioner Khuma Ram Chaudhary has approached this Court assailing the order dated 03.04.2002 passed by the Judge, Labour Court-cum-Industrial Tribunal, Jodhpur in Labour Case No.353/1999 rejecting the petitioner's claim and upholding the order dated 01.11.1982 passed by the respondents removing and discontinuing the petitioner from service.
(2.) Facts in brief are that the petitioner claims to have been engaged as a Clerk-cum-Cashier in the respondent Pali Central Cooperative Bank Ltd. by order dated 01.07.1981. A case has been set up in the writ petition that without making any inquiry and without following the due procedure of law, the respondent Bank terminated the petitioner from services by oral order dated 01.11.1982. Thereupon, the petitioner raised an industrial dispute. Conciliation proceedings were held but failed. The matter was referred by the State Government to the Labour Court-cum-Industrial Tribunal, Jodhpur for adjudication under the provisions of the Industrial Disputes Act. The learned Tribunal framed an issue as to whether the removal of the petitioner from services of the respondent Bank by order dated 01.11.1982 was justified or not. After detailed appreciation of the material available on record, the learned Tribunal rejected the claim application by award dated 03.04.2002. Hence this writ petition.
(3.) Shri A.K. Rajvanshy, learned counsel for the petitioner vehemently contended that the petitioner was appointed as a Clerk-cum-Cashier in the respondent Bank by order dated 01.07.1981. His services were terminated on 01.11.1982 without following the mandatory provisions of the Industrial Disputes Act and without providing any opportunity of hearing and so also without following the principles of natural justice. He thus urged that the impugned orders are absolutely illegal and perverse and while allowing the writ petition, the petitioner should be directed to be reinstated in service of the respondent Bank.;