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2021 Supreme(Raj) 360

DINESH MEHTA
State Of Rajasthan – Appellant
Versus
Ram Kishore – Respondent


Advocates appeared:
Mr. Deepak Chandak, Mr. Pankaj Sharma, AAG, for the Appellant.

JUDGMENT

1. The present writ petition is directed against the order dated 06.12.2019, passed by the learned Judge, Industrial Tribunal-cum-Labour Court, Bhilwara (hereinafter referred to as "the Labour Court") in an application filed by the respondent-employee under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of 1947").

2. The precise facts germane for the present purposes are that pursuant to respondent's request, a reference came to be made to the Labour Court and a case - Labour Dispute Case No.10/2020 was registered. Vide award dated 28.11.2016 the Labour Court allowed the application and ordered reinstatement of the respondent from the date of his termination (17.08.2011) alongwith 50% back wages.

3. State's writ petition against the judgment and award dated 28.11.2016 has been dismissed by this Court vide judgment dated 08.12.2017 and intra-Court appeal filed there against too has been dismissed by the Division Bench on 28.02.2019.

4. Meanwhile, as the State did not comply with the award aforesaid, the respondent filed an application under Section 33C(2) of the Act of 1947 and claimed a sum of Rs.2,00,538/- as his due wages.

5. A reply

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