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2009 Supreme(Raj) 1469

K.S.RATHORE
Commissioner, Nagar Parishad, Tonk – Appellant
Versus
Beni Prasad – Respondent


Advocates:
For the Petitioner:Ravindra Pal Singh, Advocate.
For the Respondents:M.K. Jain, Advocate.

JUDGMENT

1. - The present writ petition is directed against the impugned award dated 20.03.2008 passed by the Labour Court No.2, Rajasthan, Jaipur, whereby the Labour Court has quashed and set aside the termination order dated 02.02.1999 and the respondent-workman Beni Prasad has been reinstated back in service with all consequential benefits but back wages have been denied and Rs. 1,000/- per year as compensation has been awarded.

2. The petitioner Nagar Parishad, Tonk has challenged the aforesaid award on the ground that the respondent-workman was never employed by the petitioner, therefore, the question of termination does not arise. Further, the Labour Court has seriously erred in not considering the fact that neither appointment nor any termination order has been placed and it was alleged that vide oral termination dated 02.02.99 the services of the respondent-workman were terminated and he was reinstated back in service only on the basis that he put signature in receipt register and despatch register which is said to be put unauthorisedly.

3. It is also contended that the impugned award requires interference by this Court as the respondent-workman has submitted different set of









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