Point of Law: Section 10 reads as reference of disputes to Boards, Courts or Tribunals.

JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“(a) The award dated 17.10.2012 i.e. Ann.1 be set aside.

(b) The claim of the Petitioner be allowed / accepted and Petitioner be reinstated with full back wages.

(c) Any other relief for which the Petitioner is entitle, be granted.

It is, therefore, prayed that the Writ Petition be allowed with cost.”

2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that on 01.04.1990, the petitioner was appointed as labour (Beldar), on daily wage basis, by the respondent-Department to perform the works at Banas Dam. The petitioner, after his appointment as labour, continuously and without any break, performed his works till 31.10.1996. However, when he reached at his workplace to perform his duty, on 01.11.1996, the respondents did not permit him to do so, rather retrenched/terminated the petitioner from the engagement, which as per the petitioner, was done on count of his claiming semi permanent status in connection with the employment in question. The petitioner further averred that the retrenchment/termination in question was done even without any prior notice or information and without giving any compensation against such retrenchment, to the petitioner, rather the impugned action was taken by the respondent-Department by verbally terminating the services of the petitioner.

2.1 On 12.05.2006, the dispute was raised before the Conciliation Officer, whereafter the conciliation proceedings failed. Thus, the impugned action of the respondent-Department is violative, amongst others, of the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘Act of 1947’).

2.1 For ready reference the said provision of law reads as under:-

“25F. Conditions precedent to retrenchment of workmen.-No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-

(a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has been expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette.”

3. Thereafter, the Labour Department of the State of Rajasthan vide notification dated 15.09.2008, referred the dispute to the learned Industrial Disputes Tribunal & Labour Court, Jodhpur, which was registered thereat as Case No.59/2003.

4. Vide the impugned order dated 17.10.2012, though the learned Labour Court held that the retrenchment/termination in question by the respondent-Department was not justified and lawful, but it was observed that since the dispute was raised with an inordinate delay, the petitioner was not entitled for any relief, and further, not entitled to get any sum of money against the impugned action of the respondents. Hence, the present petition has been preferred before this Hon’ble Court, claiming the aforementioned reliefs.

5. Learned counsel for the petitioner submitted that the whole dispute arose, after the petitioner, owing to the period of services rendered by him, claimed for declaring him as semi permanent in connection with the employment in question; as a consequence of seeking such declaration, the petitioner was retrenched/terminated from services, without following the due process laid down under the law, and without paying any compensation to the petitioner, against the termination/retrenchment in question; furthermore, no prior notice or i