Rajasthan High Court - Jodhpur
Director, Central State Farm,Jetsar vs State & Ors on 20 November, 2013
Author: Govind Mathur
Bench: Govind Mathur
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
ORDER
S.B CIVIL WRIT PETITION NO.1909/2003
The Director, Central State Farm, Jetsar
Versus
State of Rajasthan & Ors.
Date of Order : 20.11.2013
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Manish Shishodia, for the petitioner.
Mr. Girish Sankhla, for the respondents.
BY THE COURT :
In pursuant to the order dated 12.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat.
The Labour Court, Sriganganagar, while answering the reference made to it by appropriate government under the award dated 24.4.2002 in Labour Case No.1/2001, held retrenchment of the respondent workman illegal and directed the employer to reinstate him in service with 30% of back wages accrued. To challenge the same this petition for writ is preferred.
It is pointed out by counsel for the parties that the respondent workman has already taken in service in the month of October, 2006.
2
In view of this fact while adopting the spirit of Lok Adalat while disposing of this petition, I deem it appropriate to make the reinstatement of the workman absolute. However, he shall not be entitled for back wages as awarded by the Labour Court under the award impugned. It is made clear that this order in no manner effect rights of the respondent workman to have wages from the date of passing the award by the Labour Court to the date of actual reinstatement. The wages that is required to be paid to the workman from the date of award to the date of his actual reinstatement must be paid to the workman on or before 01.04.2014.
[GOVIND MATHUR],J.
Kkm/ps