KANKOO Vs. JUDGE, INDUSTRIAL TRIBUNAL
LAWS(RAJ)-2013-9-63
HIGH COURT OF RAJASTHAN
Decided on September 24,2013

KANKOO Appellant
VERSUS
JUDGE, INDUSTRIAL TRIBUNAL Respondents


Referred Judgements :-

STATE OF GUJARAT VS. PRATAMSINGH NARSINH PARMAR [REFERRED TO]


JUDGEMENT

- (1.)This appeal by the workman is directed against order dated 10.02.2004 passed by the learned Single Judge, whereby, the writ petition filed by the employer-State of Rajasthan has been allowed and the award dated 05.01.2001 made by the Labour Court, Udaipur has been set aside.
(2.)The facts in brief are that a reference dated 13.03.2000 was made by the appropriate Government to the Labour Court, Udaipur concerning the validity of retrenchment of the workman Smt. Kankoo dated 01.10.1990 by the employer. In the statement of claim before the Labour Court, the workman claimed that she was appointed on 01.10.1982 and was retrenched on 01.10.1990 without any reason and, inter alia, claimed violation of provisions of Sections 25-F and 25- G of the Industrial Disputes Act, 1947 ('the Act').
(3.)The statement of claim was replied by the employer and the fact of her appointment on 01.10.1982 was denied. It was submitted that she was first employed as a Daily Wages Workman in the month of May, 1984 and was thereafter employed from time to time as per requirement; her services were not terminated on 01.10.1990 but, in fact her husband Shri Chaturbhuj, who was working as Assistant Forester and was responsible for employing workman on muster roll basis, had employed the workman (his wife) on muster roll basis; and thereafter, when the husband of the workman was transferred in December, 1990 from Sita Mata Nursery to Bhinder, on account of leaving the place of employment with said Chaturbhuj, she stopped attending on the duties after 31.12.1990 on her own. Objection about the Department of Forest not being an 'Industry' was also raised. Ultimately, it was prayed that the application be rejected.


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