Rajesh Balia, J. - (1.) WE have heard learned Counsel for the appellant.
(2.) THE appellant challenges the order of learned Single Judge dated 17.05.2005. The chequered history of the case shows that the respondent was in the employment of the appellant and his services were terminated on 01.07.1982. The termination of service was made subject matter of industrial dispute which was decided by Labour Court, Jodhpur vide award dated 16.02.1987. The termination of services vide order dated 01.07.1982 was held to be invalid and direction was issued to reinstate the workman and to allow the backwages w.e.f. 01.08.84. The present appellant was directed to reinstate the workman within one month from the date of the award and to pay arrears.
(3.) ACCORDING to the respondent workman he appeared before the employer to join his duties on 01.05.1987 but he was not allowed to join the duties until 07.07.1989. In the first instance the respondent workman made an application under Section 33C[2] for quantification of emoluments to which he was entitled from 01.05.1987 to 07.07.1989 in terms of Award. That application was rejected without deciding the issue, whether the workman presented himself on 01.05.1987 for joining the duties and the employer did not allow him to join the duties or he voluntarily remain absent, inter alia on the ground that on the finding of this issue depended the entitlement of the workman to claim remuneration for the period w.e.f. 01.05.1987 to 07.07.1989 and finding in this regard in proceedings under Section 33C(2) was likely to effect the outcome of the notices issued to the workman about his willful absence from the duty during this period.;