JITENDRA MEHTA Vs. PRESIDING OFFICER
LAWS(RAJ)-2008-2-87
HIGH COURT OF RAJASTHAN
Decided on February 21,2008

Jitendra Mehta Appellant
VERSUS
PRESIDING OFFICER Respondents

JUDGEMENT

- (1.) I By way of this writ petition the petitioner has prayed that the award, dated 23 November 2002, passed by the respondent No.1 Presiding Officer, Labour Court and Industrial Tribunal, Ajmer in C.I.T.R. No. 1 of 1999 be quashed and set aside and he also prayed for reinstatement of the petitioner with all consequential benefits including back -wages alongwith interest at 12 per cent per annum and further prayed for any other appropriate order or direction which this Hon 'ble Court may deem fit just and proper.
(2.) THE petitioner has set up his case that the petitioner worked with the respondent No.2 -bank from 6 August 1995 to 3 June 1997 from which date his services were terminated by the respondent No.2. Aggrieved by the illegal termination/ retrenchment of the petitioner in violation of the provisions of the Industrial Disputes Act, 1947, the petitioner raised an industrial dispute and the matter was referred to the appropriate Government, i.e., Central Government and the Central Government referred the said matter to the Labour Court and Industrial Tribunal, Ajmer to decide the issue of illegal termination of the petitioner, dated 3 June 1997.
(3.) THE statement of claim was filed by the petitioner in which it was stated that he was working in the respondent No.2 -bank on the post of Class IV employee and paid Rs.400 per month. He joined on 6 August 1995 and when the petitioner claimed regular wages of Class IV employee and his regularization then management with prejudice mind retrenched the services of the petitioner with effect from 3 June 1997. According to the petitioner he worked for more than 240 days. It was further stated that his retrenchment is in violation of the 25(f) and 25(n) of the Act and no notice or compensation was paid at the time of retrenchment nor consent of any competent authority was taken.;


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