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2006 Supreme(Raj) 2465

MOHAMMAD RAFIQ
General Secretary – Appellant
Versus
The Assistant Director, World Food Programme Project, Forest Department – Respondent


Advocates Appeared:
Mr. P.R. Mehta, for the Petitioner.
Mr. R. Dave, Dy. Government Advocate, for the Respondents.

Judgment

Mohammad Rafiq, J.-These two writ petitions are directed against the award dated 25.04.2001 passed by learned Industrial Tribunal cum Labour Court, Udaipur (in short the Labour Court).

2. Reference on an industrial dispute was made to learned Labour Court by the appropriate Government by notification dated 20.10.1993 on the question whether the removal of workman Laxman Singh by Assistant Director, World Food Programme Project by order dated 12.05.1991 was legal and justified and if not what relief the workman was entitled to.

3. The case set up by the workman before the Labour Court was that he was appointed by the management on the post of Chowkidar vide order dated 01.09.1988 and was posted on distribution centre at Govardhan Vilas, Udaipur @ of Rs. 14/-per day. He worked with the management from 01.09.1988 to 12.05.1991 and completed 240 days in the service in the calendar year immediately preceding the date of his retrenchment. The management did not serve upon him notice as required under Section 25-F of the Industrial Disputes Act, 1947 (in short ‘the Act’) nor did they pay to him notice pay or compensation on his retirement in compliance of the said provision. The











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