NARENDRA KUMAR JAIN, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner has preferred this writ petition challenging the impugned award dt. 28th April, 1995 passed by the Labour Court, Bharatpur, Camp Alwar, whereby the Labour Court recorded a finding that there was no relationship of 'master and servant' in between the employer Assistant Engineer, R.S.E.B. (Rural) Mandal, Ramgarh, Alwar and the workman Mangal Singh and, as such, the retrenchment of the workman by the employer is proper and valid and the workman is not entitled for any relief. The submission of the learned Counsel for the petitioner is that the petitioner workman was appointed as orderly with effect from 2nd June, 1980 and he worked up -to 31st May, 1983 and thereafter without any notice or reason and without complying with the provisions of the Industrial Disputes Act, 1947, the services of the petitioner workman were wrongly retrenched by the respondents. A reference was made by the State Government but the Labour Court, on the basis of two Division Bench judgments in D.B. Civil Special Appeal No. 559/1991 - Rajasthan State Electricity Board Jaipur and Anr. v. Ashok Pal, decided on 28.01.1992, and D.B. Civil Special Appeal (Writ) No. 523/1991 - Rajasthan State electricity Board and Anr. v. Rajesh Kumar, decided on 08.05.1992, held that the persons appointed as orderly in pursuance of the Circular dt. 06.01.1979 of the Board, were not appointed by the Board, therefore, no relationship of 'master and servant' exists in between the employer and the workman and, as such, his retrenchment was valid whereas the Full Bench of this Court in Ishwar Singh v. R.S.E.B. and Ors. 2001 (3) WLC (Raj.) 661 overruled the above referred both the judgments of the Division Bench and held that the relationship between the Board and the workman as 'master and servant' exists, therefore, the impugned Award of the Labour Court is liable to be set aside.
(3.) THE learned Counsel for the respondents fairly hand frankly admitted that the Award of the Labour Court is based on two judgments of Division Bench of this Court which have now been overruled by the Full Bench in Ishwar Singh's case, therefore, the impugned Award of the Labour Court may be set -aside and the case be remitted back to the Labour Court for fresh decision on merits.;