STATE OF RAJASTHAN Vs. CHANWAR SINGH
LAWS(RAJ)-2013-11-97
HIGH COURT OF RAJASTHAN
Decided on November 20,2013

STATE OF RAJASTHAN Appellant
VERSUS
Chanwar Singh Respondents

JUDGEMENT

- (1.)IN pursuant to the order dated 11.11.2013 passed by a co -ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat.
(2.)AT the threshold, it is submitted by learned counsel for the petitioners that in the instant matter, there is no chance of any agreement between the parties, as such, the writ petition requires adjudication on merits. Counsel for the parties are prepared to argue the matter today itself.
Briefly stated facts of the case are that the appropriate government by its notification dated 20.10.1993 referred an industrial dispute for its adjudication to the Labour Court, Bikaner in the terms that "Whether the termination of workman Chanwar Singh S/o Bahadur by his employer Deputy Conservator of Forest, Stage II, Division II, Nagnecheji Road, Bikaner with effect from 26.03.1992 is just and valid ? If not, then for what relief and amount the work is entitled ?"

(3.)AS per the statement of claim submitted by the workman, he entered in the service being appointed as a casual worker on 05.01.1988. From 26.03.1992 he was illegally denied to continue in service, as such, he was terminated from service without assigning any reason and just by an oral order. As per the workman, he was in continuous service of the employer, thus, he could have not been retrenched without adhering the provisions of Section 25 -N of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'. The workman claimed protection under Section 25 -N of the Act of 1947 alleging that he was working with plantation work, that is an industrial establishment as defined under Section 25 -L of the Act of 1947.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.