Mani Bhushan vs Judge,Labour Court And Ors
2021 Latest Caselaw 18300 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4870/2002

Mani Bhushan S/o Shri Ram Iqbal, by caste Upadhyay, (Brahaman), aged about 40 years R/o V.P.O. Karmawa, District-- East Champaran, Bihar.

----Petitioner Versus

1. The Judge, Labour Court and Industrial Tribunal Sri Ganganagar. (Raj.)

2. Sri Ganganagar Co-operative Cotton Complex Ltd. RIICO Industrial Area Udhyog Vihar, Sri Ganganagar, through -- Its Managing Director.

3. The Managing Director, Sri Ganganagar Co-operative Cotton Complex Ltd. Sri Ganganagar.

                                                                  ----Respondents


For Petitioner(s)         :     None Present
For Respondent(s)         :     Ms. Kamini Joshi



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                                     Order

02/12/2021

This writ petition is filed by the petitioner challenging a

specific portion of the award dated 29.09.1999 passed by the

Labour Court, Sri Ganganagar (hereinafter to be referred as 'the

Labour Court').

The petitioner filed a claim stating that he is working as a

labour with the respondent No.2, however, his services were

terminated on 08.07.1998 without complying with the provisions

of the Industrial Disputes Act.

The Labour Court vide award dated 29.09.1999 held that the

retrenchment of the petitioner by the respondent No.2 on

08.07.1998 is not proper and has directed reinstatement of the

(2 of 3) [CW-4870/2002]

petitioner with a condition that the petitioner is entitled to remain

in service till Shift Time Keeper- Madhusudan Sharma returns

from deputation or till the availability of a selected candidate. The

Labour Court also observed that the services of the petitioner is

deemed to be continued and he is also entitled for 25% of the

back wages for the period when his services were terminated till

he was reinstated.

The petitioner has filed this writ petition being aggrieved with

the condition of the impugned award to the effect that the

petitioner will remain in service till the Shift Time Keeper-

Madhusudan Sharma returns from deputation.

Learned counsel appearing on behalf of the respondents has

submitted that as the amount of back wages as awarded by the

Labour Court was not paid to him, the petitioner again approached

the Labour Court with a prayer to direct the respondents to pay

the amount of back wages and the Labour Court vide judgment

dated 01.09.2003 in Labour Dispute Claim No.49/2002 directed

the respondent to pay an amount of Rs.41,196/- to the petitioner.

It is submitted that the said amount was paid to the petitioner by

the respondent on 31.01.2004 through a cheque and an

acknowledgment receipt has also been given by the petitioner for

the same. Copy of the judgment dated 01.09.2003 passed by the

Labour Court and the acknowledgment receipt given by the

petitioner of receiving the cheque of Rs.41,196/- are also

produced before this Court and the same are taken on record.

Learned counsel for the respondent further submitted that as

the respondent No.2-Company has gone under liquidation, the

directions given by the Labour Court regarding reinstatement of

(3 of 3) [CW-4870/2002]

the petitioner till the return of Shift Time Keeper- Madhusudan

Sharma from deputation, cannot be carried out.

No one is present on behalf of the petitioner to dispute the

above fact situation stated by counsel for the respondent.

In such circumstances, I am of the view that this writ

petition has rendered infructuous in view of the subsequent

developments.

Hence, this writ petition is dismissed as having become

infructuous.

(VIJAY BISHNOI),J

3-akash/-

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