MANAGAR BIJAINAGAR KRIYA Vs. JUDGE LABOUR COURT
LAWS(RAJ)-1997-12-21
HIGH COURT OF RAJASTHAN
Decided on December 03,1997

Managar Bijainagar Kriya Appellant
VERSUS
JUDGE LABOUR COURT Respondents

JUDGEMENT

A.K.PARIHAR, J. - (1.) PETITIONER has challenged the awards dated 5.6.1997 passed by Labour Court and Industrial Tribunal, Ajmer, passed separately in case of two workmen, Sri Kamal Kishore Sharma and Sri Kailash Chand Panwar in the above writ petitions.
(2.) BOTH the concerned workmen in above writ petitions came to be appointed in the petitioner samiti somewhere in the year 1993. However, their services were terminated in the month of September, 1995. On a dispute been raised before the Conciliation Officer, the same was referred to Labour Court for adjudication by the State Government. The Lobour Court after taking evidence of both the sides in both the cases, held that termination of services of the concerned workman was not legal and justified and, as such they were entitled for reinstatement with full back wages and continuity of service.
(3.) MR . Mathur, learned Counsel for the petitioner in both the cases has assailed the respective awards on the ground that both the concerned workmen were not in regular appointment of the petitioner -samiti and since it was only a contractual appointment, the petitioner -samiti was not required to comply with the provisions of Section 25F of the Industrial Disputes Act in view of exception clause Under Section 2(oo)(bb).;


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