- (1.) The petitioners Rajasthan State Road Transport Corporation (RSRTC) have challenged the award dated 16.04.2002 passed by the learned Labour Court, Sri Ganganagar (hereinafter referred as 'the Trial Court') as well as the Notification dated 18.08.1998 whereby the dispute was referred by the State Government for adjudication to the learned Labour Court, Bikaner.
(2.) The short conspectus of facts needed to be noted for disposal of the writ petition are that the respondent workman was employed as conductor in the petitioner-Corporation initially on 10.08.1984. His services were dispensed with on ground of misconduct on 17.07.1986 and it was informed that his services are no more required. The respondent No.1 while discharging the duties was found to have been carrying 43 passengers without ticket. Although he had released the fare from the passengers and on inspection of the vehicle, a remark was put to this effect in the way bill and the bus checking report was prepared, which was duly signed by the respondent-workman and the driver of the bus. A complaint was also filed and the original way bill and the bus checking report were filed in the Court of Judicial Magistrate (Transport) Bikaner.
(3.) The Workman conductor raised a dispute on 18.08.1998 regarding his wrongful termination and the conciliation proceedings failed and accordingly the State Government referred the dispute for adjudication to the learned Labour Court, Bikaner vide notification dated 18.08.1998. The statement of claim was submitted by the respondent wherein it was submitted that the respondent had filed suit before the Court of Additional Munsiff & Judicial Magistrate No.2, Jaipur on 19.07.1989 to 17.10.1995 however, in view of judgment passed by the Hon'ble Supreme Court in AIR 1995 (SC) 1715 RSRTC Vs. Krishna Kant holding that Civil Court would not have jurisdiction to decide the matter relating to Industrial Disputes Act , 1947, the respondent withdrew the civil suit and raised the dispute. The period from 19.07.1989 to 17.10.1995 cannot be said to have been delayed on the part of the petitioner.;