Rajasthan High Court - Jodhpur
State Of Raj vs Karni Singh & Anr on 14 December, 2016
Author: Govind Mathur
Bench: Govind Mathur
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
D.B.WRIT RESTORATION NO. 118 / 2016
State of Rajasthan Through Secretary,, Address: District
Literacy Committee, Bikaner.
----Appellants
Versus
1. Karni Singh C/o Mantri, Address: Municipal Karamchari
Sangh, Bikaner.
2. Judge Labour Court, Address: Bikaner
----Respondents
__________________________________________
For Petitioners : Mr.K.L.Thakur, AAG.
__________________________________________
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Judgment / Order 14/12/2016 By the judgment dated 28.10.2005, the learned Single Bench dismissed the writ petition preferred by the State of Rajasthan to challenge the award dated 28.01.2004 passed by Labour Court, Bikaner. Being aggrieved by the same, an appeal was preferred by the State of Rajasthan that came to be dismissed in default on 13.07.2011. An application seeking restoration of the appeal was also preferred but that too came to be dismissed in default on 31.08.2015.
Instant application is preferred for restoration of the application seeking restoration of appeal.
(2 of 3 ) [WRES-118/2016] While considering the application, we have examined merits of the case. The respondent-workman who was in the employment of District Literacy Committee, Bikaner came to be terminated from service on 23.08.1997. An industrial dispute raised by him in this regard was referred by the appropriate government for its adjudication to the Labour Court, Bikaner. The Labour Court held the retrenchment of the workman bad, thus, directed the employer to reinstate him in service with back wages from the date of passing the award.
Suffice to mention that the appropriate government in the case in hand is the State of Rajasthan. As per section 2 (g) of the Industrial Disputes Act, 1947 "employer" in relation to an industry carried on by or on behalf of a local authority of any department of Central Government or the State Government is the authority prescribed in this behalf or where no authority is prescribed, the head of the department.
As per Rule 2 (g) of the Rajasthan Industrial Disputes Rules, 1958, Officer in charge of the Industrial establishment shall be "employer" in respect of that establishment.
In view of the definitions referred above, the District Literacy Committee, Bikaner was employer of the respondent- workman but the employer did not file any writ petition to challenge the award made by labour court. So far as challenge given to the award by the State of Rajasthan is concerned, we are of the concerned opinion that being the appropriate government is having no locus to challenge the award passed (3 of 3 ) [WRES-118/2016] by the labour court. Under the scheme of Industrial Disputes Act, the award made by the labour court is an answer to the reference made by the appropriate government and the appropriate government is required to examine the award while publishing it as per section 17 and while doing so, it was open for it either to accept that or not. The State Government, as a matter of fact, has published the award in the terms as that was passed, therefore, no reason is available for challenging the same by the appropriate government by filing a petition for writ. The writ petition could have been filed by the employer i.e. the District Liberacy Committee. No challenge to the award is given by the employer, hence, the same has acquired finality. In view of it, no useful purpose shall be served even by restoring the restoration application. The application is dismissed accordingly.
(DEEPAK MAHESHWARI)J. (GOVIND MATHUR)J. Anil Singh/S-51