IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Vijay Kumar Yogi, S/o. Shri Ramnath Yogi – Appellant
Versus
Chairman, Municipal Board, Hindaun City – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. The instant writ petition is filed by the petitioner with following prayer:-
“It is, therefore, most humbly and respectfully prayed that your lordships may very graciously be pleased to admit/allow this writ petition and be further pleased to issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof:-
(i) declaring the impugned award dated 21.7.2017 passed by the learned Labour Court Bhratpur to the extent it declined to order reinstatement of the petitioner in service with continuity and back wages as illegal and unconstitutional and the same may kindly be quashed and set-aside /modified suitably;
(ii) directing the respondents to reinstate the petitioner in service with continuity and full back wages;
(iii) any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly also be passed in favour of humble petitioner including award of cost of this writ petition."
2. Learned counsel for the petitioner while placing reliance upon the order in case of Principal Medical and Health Officer, General Hospital, Alwar Vs. Bharat Singh and Anr. :
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
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