P.K.LOHRA,J. - (1.) Petitioner, State of Rajasthan, by the instant writ petition, has assailed impugned judgment and award dated 23rd of February 2005, passed by Labour Court, Bhilwara.
(2.) The learned Labour Court, by the impugned award, answered reference in favour of respondent-workman by declaring termination of his services illegal and void being violative of Section 25-F and 25-G of the Industrial Disputes Act, 1947 (for short, 'Act of 1947'). The learned Labour Court has further ordered reinstatement of the respondent-workman in the services of the petitioner and awarded him 50% back wages w.e.f. 27th of June 2001 uptil date of reinstatement.
(3.) The facts apposite for the purpose of this writ petition are that respondent-workman was employed in the office of petitioner w.e.f. 14th of March 1992 and continued upto 15th of June 2000 but on 16th of June 2000 his services are discontinued. Feeling aggrieved by the action of petitioner, respondent-workman raised an industrial dispute by resorting to Section 10 read with Section 12 of the Act of 1947. Precisely, respondent-workman questioned dispensation of his services on the anvil of being violative of Section 25-F and 25-G of the Act of 1947. The Conciliation Officer made efforts to settle the dispute between rival parties but when his efforts proved abortive, a Failure Report is forwarded in the matter to the appropriate Government under sub-section (4) of Section 12 of the Act of 1947. Taking cognizance of the failure report, the appropriate Govt. found that there existed an industrial dispute between the rival parties and consequently by its notification No.1360/2001 dated 9th of August 2002 referred following dispute for adjudication to Labour Court, Bhilwara. ...[VERNACULAR TEXT OMITTED]...;