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1998 Supreme(Raj) 845

B.S.CHAUHAN
Vijay Singh Charan – Appellant
Versus
Management, Shri Swetamber Nakoda Parshwnath Tirth Mewa Nagar – Respondent


Advocates Appeared:
D.K. Parihar, for Petitioner L.P. Mehta,Senior Advocate with Mr. Arun Bhansali, for Respondent No.1 R.R. Kanwar, Additional Govt. Advocate.

Honble CHAUHAN, J.–The instant writ petition has been filed for quashing the Award dated 2.3.93 contained in Annexure 1 to this petition, by which the Labour Court has rejected the claim of the petitioner for reinstatement with consequential benefits and held that the Jain Swetamber Nakoda Parshwanath Tirth, Mewa Nagar, district Barmer, is not an `industry and petitioner had voluntarily abandoned the employment.

(2). The petitioner had alleged that he was appointed as a Chowkidar on 19.6.1980 and worked continuously upto 2.11.85 with the respondent No. 1 and his services had been terminated orally without any reason and without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter called ``the Act). As the conciliation proceedings failed, the appropriate government made a reference under Section 10 of the Act to the Labor Court on the issue: whether the retrenchment/termination of the services of the petitioner with effect from 2.11.85 was valid and legal, if no, to what relief he was entitled to ? Petitioner filed the claim petition before the Labour Court making the averments as mentio- ned above. Counter claim was filed by the respondents

















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