The court upheld the denial of back wages based on the satisfaction of the Government and the Labour Court regarding the existence of the dispute.

Prem Shanker Asopa, J.-By the instant writ petition, the petitioner-Bank has challenged the award of the Labour Court dated 18.07.2005 whereby the reference has been answered in favour of the workman with a direction to reinstate him without any back wages.

2. Briefly stated the relevant facts of the case are that the workman was employed as a clerk against a permanent post vide oral order dated 02.08.1983 and his service were terminated on 23.05.1984 without giving any notice or pay in lieu of the notice. It was submitted in the statement of claim that although he was paid on daily wages basis but the work was of permanent nature at the time of termination of the services no seniority list was prepared and the junior persons were working. After termination also one Shri Arvind Mathur was employed who is still in employment but the petitioner was not given any opportunity of re-employment. It was also stated by the petitioner that he is unemployed and approached the respondents so many times but only assurance was given and he was not taken back in service. Therefore, the termination is in gross violation of Section 25-F, G read with Rules 77 and 78 of Rajasthan Industrial Disputes Rule 1958 and Section 25-H and the same is liable to be declared null and void with a further direction to reinstate the petitioner with back wages.

3. In reply to the statement of claim, the respondents have submitted that the petitioner was employed on daily wages Rs. 14/-per day, which was temporary in nature. The petitioner has not reported on duty after 23.05.1984. The objection of delay of 14 years was also taken.

4. The oral evidence as well as documentary evidence was produced by the parties.

5. The Labour Court after considering the evidence on record came to the conclusion that the petitioner has worked for more than 218 days in proceeding last 12 months and on adding the Gazette holidays the said period is more than 240 days. It was also held by the Labour Judge that neither one month notice nor pay in lieu of notice nor any compensation has been paid, therefore, the Section 25-F has been violated. While granting the relief of the reinstatement the Labour Court has considered the fact of unemployment, delay and denied the back wages. The relevant Paras No. 7 and 8 of the award of the Labour Court dated 18.07.2005 are reproduced hereunder for ready reference:-

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