Rajasthan High Court – Jodhpur
Ram Lal vs Judge,I.T. Cum Labour … on 14 August, 2008
1 S.B.CIVIL WRIT PETITION NO.1608/2005 Ram Lal v. Judge, Industrial Tribunal-cum-Labour Court, Udaipur & Ors. Date of Order :: 14th August, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Sandeep Shah, for the petitioner. Mr. Vinit Mathur, for the respondents. .... This matter came up for orders on an application for early hearing. While considering the same, with the consent of parties, the matter is finally heard at this stage. By this petition for writ a challenge is given to the validity, propriety and correctness of the award dated 17.11.2004 passed by the Labour Court, Udaipur answering the reference made to it by appropriate government under a notification dated 9.4.1997. In brief, facts of the case are that as a consequent to regular selection process appointment was accorded to the petitioner as Conductor with Rajasthan State Road Transport Corporation in the pay scale of Rs.490-840 on probation. Initially the appointment was for a period of one year. The employer 2 corporation terminated the petitioner from service on 6.5.1986. An industrial dispute to challenge discontinuation from service was raised and that was referred for its adjudication to the Labour Court, Udaipur. The Labour Court, Udaipur after considering entire evidence available on record held that termination of the workman was bad, however, instead of granting the relief of reinstatement allowed him the wages of three months and eight days i.e. the period falling short in one year services given under the order dated 28.1.1986. While assailing validity of the award aforesaid it is contended by counsel for the petitioner that the Labour Court erred while denying the benefit of reinstatement to the petitioner in view of the fact that the appointment under the order dated 28.1.1986 was not for a term of one year but on probation for a period of one year. It is also pointed out by counsel for the petitioner that all the persons employed alongwith him under the order dated 28.1.1986 were allowed to continue in services beyond the term of one year and, most of them are still continuing in service. It is also asserted by counsel for the petitioner that adequate evidence was adduced before the Labour Court to establish the continuance of other Conductors in service who were employed alongwith the petitioner on 28.1.1986. 3 An additional affidavit has been filed on behalf of the respondents sworn-in by Shri Ashok Thanvi, officer-in-charge of the case making a solemn statement that on verification of service record it was found that the candidates who were appointed at Chittorgarh Depot alongwith the petitioner are still working. In the affidavit aforesaid names of the persons appointed alongwith the petitioner at Chittorgarh Depot are also given. It is also stated that certain other persons whose names appears at Serial Nos.9, 24, 36, 40, 52 and 54 in the order dated 28.1.1986 are also still working at Udaipur Depot in pursuant to the order dated 28.1.1986. The admission of the fact that the persons employed alongwith the petitioner are still continuing with the respondents in pursuant to the order dated 28.1.1986 itself establishes it well that the appointment of the petitioner was not for one year but was on probation for one year. The employer before the Labour Court in its statement of claim also accepted this position by stating as follows:- "प र क व पक न गम म न यनमत पर च लक क पद प न यव पद ह क गई र बल#क उस आदश कम क 407 दद० 28/1/86 द प,रत . य असर ई त1 प पर च लक क रप म एक स ल क पर व क क ल प न यव पद क गई र ।" The Labour Court, therefore, apparently committed an error by treating the petitioner employed 4 only for a period of one year under the order dated 28.1.1986. As a matter of fact the finding given by the Labour Court is running even contrary to the stand taken by the employer. Further it is relevant to note that in the order of appointment dated 28.1.1986 the reference of probation is given in the note itself. A person recruited through regular process of selection is required to be employed on regular basis and that may be on probation for specific term. For the reasons above, this petition for writ deserves acceptance and, therefore, the same is allowed. The award impugned dated 17.11.2004 is declared illegal to the extent it allows only wages for a period of three months and eight days to the petitioner workman in lieu of reinstatement. The award is modified by directing the respondents to reinstate the petitioner with continuity in service and with notional benefits regarding pay fixation, seniority etc. The petitioner shall not be entitled for any actual payment of back wages. ( GOVIND MATHUR ),J.
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