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2025 Supreme(Raj) 1672

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Manager, Institute of Engineering And Technology – Appellant
Versus
Bishan Singh S/o Shri Ramji Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pradeep Singh
For the Respondent: Mr. Raj Kumar Sharma

ORDER :

Anoop Kumar Dhand, J.

1. By way of filing of this writ petition, a challenge has been led to the impugned award dated 25.10.2018 passed by the Industrial Tribunal-Cum-Labour Court, Alwar (hereinafter referred as ‘Labour Court’) by which the statement of claim filed by the respondent- workman (hereinafter referred to as ‘workman’) has been allowed and the termination order dated 19.10.2000 has been quashed and set aside and the petitioner is directed to reinstate the workman back in service along with 25% amount of back wages.

2. Learned counsel for the petitioner submits that the workman was engaged as driver in the Educational Institution of the petitioner. The petitioner-institution, due to vacancy on the post of Electrician, shifted the workman on the said post but the workman denied to work there and he himself did not join the services, resulting into abandonment of the services. Counsel submits that the instant case is not a case of termination of service of the petitioner rather it is a case of abdonment of services on the part of the workman. Counsel submits that these facts were not appreciated by the Labour Court while passing the impugned award, hence, under these c

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