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2005 Supreme(Raj) 1907

R.P.VYAS
State of Rajasthan – Appellant
Versus
Chhagan Lal Joshi – Respondent


Advocates Appeared:
Mr. R.P.S. Choudhary, Additional Advocate General, for the Petitioner/s.

Judgment

R.P. Vyas, J.-Heard at admission stage.

2. The instant petition has been filed by the petitioner with the prayer that the Judgment and award dated 14.02.2003 (Annexure-5) passed by the learned Labour Court, Bhilwara may be quashed and set aside.

3. The brief facts of the case are that the respondent No. 1 workman raised an industrial dispute before the Conciliation Officer. However, the said conciliation proceedings failed and the Conciliation Officer submitted failure report to the appropriate Government. The appropriate Government vide notification dated 21.04.2001 referred the matter for adjudication to the learned Labour Court, Bhilwara.

4. The learned Labour Court issued notices to the parties. The respondent No. 1 workman submitted statement of claim alleging, inter alia, that he was engaged as daily wage employee on 19.06.1997. His services were terminated from 16.03.2000 illegally, without complying with the mandatory provisions of Industrial Disputes Act, 1947 (hereinafter referred to as the Act of 1947). He has also not been paid the salary for the months of October, November, December, 1999 and January and February, 2000 and on demand of wages, his services have










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