HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D. B. Special Appeal (Writ) No. 182/2019

In

S. B. Civil Writ Petition No. 3213/2015

1.

Shri Rajesh Koolwal, Upadhyaksh (Work)

2.

Shri Rohit Jhalani,

3.

Shri R.C. Saxena, Manager (HR),

(Through M/s. K E C International Ltd., Jhotwara

Industrial Area, Jaipur)

----Appellants/Non petitioners

Versus

1.

Shankar Lal Sharma S/o Late Shri Jwalaram Ji Sharma,

resident of Gram Post Paimpur (Prempur) Via Jattari

Janpad, Aligarh (Uttar Pradesh).

Non Appellant/Petitioner

2.

Shri R.K. Jain, Chairman, Labour Laws Advisors

Association through Hon'ble Labour Court No. 1, 6Th

Floor and Industrial Tribunal, 6Th Floor, Mini Secretariat,

Jaipur.

3.

Shri Alok Fathehpuria, (Advocate), through M/s. KEC

International Ltd., Jhotwara, Jaipur- 302012.

4.

Shri Dhanraj Sharma, Additional Labour Commissioner,

5.

Shri Chandrabhan Singh Rathore, Joint Labour

Commissioner,

(4 and 5 through Labour Department, Sharma Bhawan,

Shanti Nagar, Jaipur through Govt. of Rajasthan).

----Performa respondents/Non Petitioners

For Appellants

:

Mr. R.N. Mathur, Senior Advocate

through Video Conferencing with Mr.

Rupin Kala, Advocate.

For Respondent No.

1

:

Mr. Shankar Lal Sharma Respondent

No.1-workman present in person.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

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[SAW-182/2019]

REPORTABLE

5/03/2022

By the Court:(Per Manindra Mohan Shrivastava,J.)

This intra court appeal is directed against order dated

30.10.2018 passed by the learned Singe Judge, by which

respondent’s writ petition has been allowed, setting aside orders

dated 29.08.2012 and 14.09.2012 passed by the Industrial

Tribunal, Jaipur (hereinafter referred to as ‘the Industrial Tribunal’)

in the matter of challenge to termination order dated 08.04.1992

passed against respondent No. 1-workman by the appellant-

employer. Respondent-writ petitioner has been held entitled to

get his pay allowance treating him as permanent employee of the

appellants in terms of earlier award passed in his favour. He has

also been held entitled to receive retiral benefits as per the

provisions of law on attaining superannuation. Learned Single

Judge has also directed that arrears shall be computed and

released within stipulated period.

2.

The factual matrix and the genesis of the dispute between

the parties giving rise to the present appeal has a checkered

history which comprises of two different disciplinary proceedings

drawn by the appellant-employer against respondent No. 1-

workman. Respondent No. 1-workman was engaged as unskilled

worker with the company of the appellant on 19.09.1977 until he

was discontinued with effect from 08.08.1981. An industrial

dispute was raised challenging the termination, which culminated

in an award of reinstatement in favour of respondent No. 1-

workman. The award was challenged by the appellant-company

before the High Court. The litigation between the appellant and

respondent No. 1 in respect of the dispute arising due to

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[SAW-182/2019]

termination with effect from 08.08.1981 continued and various

proceedings were drawn by both the parties by filing appeal,

review petition, recall application etc. Finally an award dated

03.09.2003 was passed after remand by the Labour Court and the

termination order dated 08.08.1981 was held bad in law leading to

reinstatement with continuity of service. At the instance of

respondent No. 1, however, aspect of compliance of the award

continued and finally vide order dated 14.02.2006, Division Bench

of the High Court in D.B. Civil Writ Petition No. 1996/2003 held

that the award of the Labour Court dated 03.09.2003 stands fully

complied with.

3.

While the matter relating to legality and validity of

termination with effect from 08.08.1981