Rajasthan High Court - Jaipur
Divisional Manager, Lic, Udaip vs Central Govt.Indust.Tribunal C on 25 September, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.7165/2006 The Divisional Manager, LIC, Udaipur Vs. Central Govt. Industrial Tribunal cum Labour Court, Jaipur & Anr. Date of Order : 25th September,2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.M.D.Agrawal, for the petitioner/s. Mr.Rajendra Prasad, for the respondent/s. BY THE COURT:
By this writ petition, a challenge is made to the award dated 28.10.2005 passed by Central Govt. Industrial Tribunal cum Labour Court, Jaipur.
Learned counsel submits that only ground to challenge the award is based on judgment of Delhi High Court in Writ Petition No.4346/2001 in the case of Life Insurance Corporation of India & Ors. Vs. Presiding Officer & Ors. decided on 15.04.2004. Therein, the award of CGIT, New Delhi was set aside. The impugned award is based on award of CGIT, New Delhi and having been set aside by Delhi High Court. It should not be allowed to stand now, rather be set aside.
Learned counsel for the respondent opposed the submissions aforesaid and submits that matter before the CGIT, New Delhi was not of termination but in regard to dispute of wages of Badli/temporary/part-time workman and condition of their absorption in regular cadre. The aforesaid is not the issue involved herein, rather the dispute is regarding termination of service. Learned counsel for the petitioner has wrongly considered it to be award based on earlier award of CGIT, New Delhi only for the reason that passing remark exists in the award.
I have considered the submissions made and perused the record.
The only ground raised by the petitioner is in reference to award passed by the CGIT, New Delhi and reversed by Delhi High Court. To find out as to what was the dispute therein, para No.3 of the judgment of Delhi High Court in the case of Life Insurance Corporation of India & Ors. (supra) is quoted hereunder for ready reference:
3. As a result of the dispute, the Central Government made a reference on 20th May, 1985 to the National Industrial Tribunal presided over by Justice R.D.Tulpule. The question referred for adjudication was as follows:
What should be the wages and other conditions of services of badli, temporary and part time worker of the Life Insurance Corporation of India as well as the conditions of their absorption in the regular cadre. It would be relevant to refer terms of reference of the present matter, which is also quoted hereunder: Whether the action of the Divisional Manager, LIC, Udaipur in termination, the service of Sh.Heeralal s/o Sh. Kishanlal Kumawat w.e.f. 4.8.92 is justified? If not, to what relief the workman is entitled to? The perusal of two references shows no similarity, rather on different issues altogether. Learned counsel for the petitioner could not justify and to show as to how the award passed by the CGIT, New Delhi has effect in the matter of termination where it was found to be in violation of Section 25F of I.D.Act, that too, after recording finding of fact based on evidence led by the parties. In the background aforesaid, sole argument raised by the learned counsel for the petitioner is not worth acceptance and as no other ground has been raised to challenge the award. The writ petition is thus, found to be devoid of merit, hence, it is dismissed so as the stay application. (M.N. BHANDARI), J.
S/No.24 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Preety Asopa Jr.P.A.