RAJASTHAN AGRICULTURAL UNIVERSITY Vs. INDUSTRIAL TRIBUNAL CUM LABOUR COURT
LAWS(RAJ)-2009-10-147
HIGH COURT OF RAJASTHAN
Decided on October 08,2009

Rajasthan Agricultural University Etc. Appellant
VERSUS
Industrial Tribunal And Labour Court Etc. Respondents

JUDGEMENT

Govind Mathur, J. - (1.) To assail validity, correctness and propriety of the award dated 23.9.2000 passed by the Labour Court, Jodhpur in Labour Case No. 149/96, this petition for writ is preferred.
(2.) The appropriate Government under its notification dated 17.10.1996 referred an industrial disputes for its adjudication to the Labour Court in the terms that, "Whether the Director, Agriculture Research Institute, Udaipur/ Incharge Officer, Agriculture Research Station, Sumerpur, Distt. Pali are just and valid in terminating their workman Sona Ram S/o Lakma Ram Ji from service w.e.f. 4.4.1993. If not, then for what relief and amount, the workman is entitled?"
(3.) The workman in his statement of claim came forward with the case that he remained in employment of the employer from 1984 to 1993 and he wrote to Vice-chancellor, Rajasthan Agriculture University, Bikaner on 1.4.1991 for regularising his services, however, no action thereon was taken though a decision was taken by the competent committee of the University on 3.5.1991 to prepare a list of the existing workman for regularisation of services. The employer subsequent thereto on 4.4.1993, by an oral order terminated the workman from service, which is nothing but retrenchment as defined under section 2(oo) of the Industrial Dispute Act, 1947 (for short 'the Act of 1947' hereinafter). As per the workman his retrenchment was made without adhering the provisions of sections 25-F and 25-G of the Act of 1947.;


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