JUDGEMENT
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(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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