Rajasthan High Court - Jodhpur
Offi. In Charge, Zoological Sur.Of ... vs Deepak Kumar on 10 February, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.7848/2012
Officer In-Charge, Zoological Survey of India Vs. Deepak Kumar
Order dt: 10/02/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.7848/2012
Officer In-Charge, Zoological Survey of India Vs. Deepak Kumar
Date of Order ::: 10th February, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Vinit Kumar Mathur, for the petitioner.
Mr. Kishore Kumar Vyas, for the respondent/workman.
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BY THE COURT:
1. The petitioner, Zoological Survey of India, Desert Regional Centre, Jhalamand, Jodhpur, has approached this Court by way of present writ petition aggrieved by the award of the Industrial Tribuna, Jodhpur dated 04.05.2012, whereby the learned Tribunal directed reinstatement of the respondent/workman, Deepak Kumar, finding that termination of the respondent/workman w.e.f. 01.12.2004 was in breach of provisions of Industrial Disputes Act, 1947. The Tribunal has also directed that the service shall be treated as continued and the respondent/workman will be reinstated with back wages to the extent of 50%.
2. A coordinate bench of this Court vide the order dated 23.08.2012 stayed the effect and operation of the impugned award of S.B. Civil Writ Petition No.7848/2012 Officer In-Charge, Zoological Survey of India Vs. Deepak Kumar Order dt: 10/02/2014 2/2 the Tribunal dated 04.05.2012 to the extent of payment of back- wages and the said respondent/workman is not yet reinstated back in service as stated at Bar by the learned counsel for the respondent/workman.
3. Mr. Kishore Kumar Vyas, learned counsel for the respondent/workman submits that the respondent/workman is willing to waive half of the back wages as directed by the learned Tribunal. Learned counsel for the respondent/workman, thereofre, submitted that the impugned award to the extent of payment of back-wages of 50%, may be modified for payment to the extent of 25% of the dues only and the respondent/workman shall be reinstated, if not already reinstated by now.
5. Accordingly, after hearing the learned counsel for the parties and having gone through the impugned judgment of the learned Tribunal, this writ petition is disposed of by modifying the impugned award of the Labour court, Jodhpur, dated 04.05.2012 to the extent of back-wages payment being reduced from 50% to 25%, however, terms for reinstatement of the workman shall remain and that is no interfered with. The petitioner/employer, Zoological Survey of India, may reinstate back the workman/respondent in service, if not already reinstated by now immediately and make payment of back wages to the extent of 25% of the dues. This compliance be made within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
50