Rajasthan High Court - Jodhpur
Manager vs . on 2 December, 2014
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO. 4101/2002 Manager, RCSML Vs. The Judge, Industrial Tribunal cum Labour Court, Bhilwara Date of order : 2.12.2014 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Vineet R.Dave, for the petitioner.
<><><> The instant writ petition is directed against the award dated 13.11.2001 (Annex.7) passed by the learned Industrial Tribunal cum Labour Court, Bhilwara in Labour Dispute Case No.42/98 whereby whilst accepting the reference No.1(1)(910) dated 25.7.1998, the petitioner employer was directed to reinstate the workman respondent No.2 Balu Ram back in service with effect from the date of his termination and to pay him 50% of the back-wages.
The principal challenge to the award made is on the ground that the workman instituted the claim after a delay of 7 years from the date of his termination and as such, the award of back-wages @ 50% was unjustified. It is claimed that the Tribunal should have awarded back-wages to the 2 workman from the date of the reference being received and not from the date of his termination.
I have considered the arguments advanced by the learned counsel for the petitioner and have gone through the reply filed by the petitioner employer before the Tribunal as well as the evidence recorded by the Tribunal and the award (Annex.7).
At no point of time, during proceedings before the Tribunal, the petitioner employer took an objection that the claim was instituted belatedly. Had the objection been taken, probably the workman would have been in a position to explain the delay if any in institution of the claim. Thus, the petitioner employer cannot be permitted to take this objection of delay in institution of the claim at the belated stage in the instant writ petition.
Thus, there is no force in the writ petition and the same is dismissed as such. If the amount under the impugned award has not been paid to the respondent workman till date, the same shall be paid within a period of four months from the date of this order.
(SANDEEP MEHTA), J.
/tarun/