SUPERINTENDING ENGINEER Vs. JUDGE LABOUR COURT
LAWS(RAJ)-2009-2-74
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 26,2009

SUPERINTENDING ENGINEER Appellant
VERSUS
JUDGE LABOUR COURT Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties. By this writ petition the petitioners -State has challenged the award of the labour Court dated 27.06.1994 (Annexure/6) whereby the respondent No.2 who was working in Femine Relief Works has been reinstated whose termination has been declared illegal and void on account of non - compliance of Section 25 F of the Industrial Disputes Act, 1947 and further he has been granted the relief of reinstatement with continuity of service with all back wages.
(2.) THE fact relevant for the purpose of deciding the controversy is that the respondent - workman was appointed on 01.10.1987 and has worked upto 30.11.1988 in the Femine Relief Works. The submission of counsel for the petitioners -State is that the Femine Relief Works is exempted from the provisions of Industrial Disputes Act, 1947 on account of framing of the enactment of the State called as the Rajasthan Femine Relief Works Employees (Exemption from Labour Laws) Act, 1964 (for short Act of 1964) as well as notification issued in May 1988 before terminating the services of the respondent No.2.
(3.) COUNSEL for the petitioners -State further submits that the labour court has not considered the provisions of the Act of 1964 and further misconstrued the provisions of the notification issued on May 1988 by saying that the appointment of the respondent No.2 was on a prior date.;


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