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2005 Supreme(Raj) 544

R.P.VYAS
State – Appellant
Versus
State – Respondent


Advocates Appeared:
Ms. Kusum Rao, for the Petitioner.

Judgment

R.P. Vyas, J.-By the instant writ petition, the petitioner seeks quashing of the impugned Award dated 11.2001 (Annexure-6) passed by the Judge, Labour Court, Udaipur, whereby the Labour Court awarded a sum of Rs. 11,500/-as compensation to the respondent-workman.

2. On reference having been made, the respondent-workman filed a claim petition before the Labour Court, Udaipur stating therein that he was appointed as Jaldhari on 8.1992 with the fixed salary of Rs. 75/-per month. His services stood terminated w.e.f. October, 1996 by a verbal order in flagrant violation of the provisions of Industrial Disputes Act, 1947 (for short, "the I.D. Act"). The Labour Court, after hearing the parties and appreciating the evidence, found the termination order as illegal and in flagrant violation of the mandatory provisions of Section 25-F of the I.D. Act, but instead of granting the relief of reinstatement with back-wages, the Labour Court awarded a sum of Rs. 11,500/-as compensation to the respondent-workman. Hence, this writ petition.

3. Heard learned Counsel for the petitioner and perused the impugned order of the Tribunal.

4. Learned Counsel for the petitioner submits that the contro




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