S.B. Civil Writ Petition No. 16877/2015. Case: Kehari Singh Vs Divisional Forest Officer, Bharatpur and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 16877/2015
CounselFor Appellant: J.P. Sharma, Adv.
JudgesAlok Sharma, J.
IssueConstitution of India - Article 226; Industrial Disputes Act, 1947 - Sections 10, 25F, 25G, 25H
Judgement DateThursday February 09, 2017
CourtRajasthan High Court

Order:

Alok Sharma, J.

  1. This petition has been filed challenging the Labour Court's award dated 7-4-2015 in LCR No. 181/1989 whereby the petitioner workman's allegation of illegal termination on 31-1-1988 and claim for reinstatement was rejected.

  2. The case of the petitioner workman before the Labour Court was that he was initially appointed in Central Nursery Raraha Uncha Gaon and Sheorana from 26-12-1985 and worked upto 31-1-1988 when he was terminated without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947'). A dispute raised before the Conciliation Officer having failed and report thereof received, the State Government referred the matter for adjudication to the Labour Court. A claim for reinstatement was thereupon made in the allegations detailed above.

  3. The department denied the claim of the workman and submitted that the workman was initially engaged as casual daily wager in May, 1986 and worked till July, 1986. Thereafter he himself abandoned the job. The claim of the workman was dismissed on 22-7-1996.

  4. Aggrieved the petitioner filed SBCWP No. 500/1997, which was dismissed on 13-2-2001. DBSAW No...

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