N.P. Gupta, J. - (1.) By a notification dated 29.9.1995 the appropriate government referred an industrial dispute for its adjudication to the Labour Court, Bhilwara in the terms that "whether termination of workman Gopilal by the employer Executive Officer, Municipal Board, Nimbahera w.e.f. 15.8.1993 is just and valid? If not, then for what relief the workman is entitled - Before the Labour Court, the workman came forward with the case that he was employed with Municipal Board, Bhilwara in the month of August, 1991 and on 14.8.1993 the Executive Officer of the Board terminated him from service by an oral order and that too without assigning any reason and as such the same is illegal.
(2.) The Labour Court by its award dated 22.2.1999 accepted the workman's claim by holding that he was in continuous service of the employer, therefore, his termination from service without adhering the provisions of Section 25-F of the Industrial Disputes Act, 1947 was not legal, accordingly the same was quashed. A direction then was given to reinstate the workman in service, however, no back wages were allowed to him looking to the fact that he was involved in business during the period he remained out of employment.
(3.) The employer assailed validity, correctness and propriety of the award dated 22.2.1999 by way of filing a petition for writ before this Court and that came to be accepted by judgment dated 20.4.2001. Learned Single Judge modified the relief part of the award and ordered that in lieu of reinstatement the workman shall be paid Rs.25,000/- by way of compensation.;