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SECRETARY,RAJ.KHADI GRAMODYOG BOARD &ANR versus MUKUT SINGH

High Court of Rajasthan

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SECRETARY,RAJ.KHADI GRAMODYOG BOARD &ANR v MUKUT SINGH - CW Case No. 2465 of 2006 [2006] RD-RJ 1113 (15 May 2006)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL WRIT No. 2465 of 2006

SECRETARY,RAJ.KHADI GRAMODYOG BOARD &ANR

V/S

MUKUT SINGH

Mr. KK BISSA, for the appellant / petitioner

Date of Order : 15.5.2006

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the petitioner, and perused the impugned award.

The learned Labour Court has found that vide order dated 27.2.2001, the petitioner was directed to produce the record, which had been produced, and there-from it transpires, that in the month of May 1994, the workman was paid a salary of Rs.678/- while, in computing the retrenchment compensation, certain amounts were not included therein, thus, the amount paid was deficit, with the result, that the provisions of Section 25-F have not been complied with. It has also been found, that the entire establishment has not been closed, but only one unit was closed. In such circumstances, seniority list was required to be published, and the principle of "last come first go" was required to be adhered to, which has not been done.

With these findings, the impugned order has been passed, directing reinstatement of the workman, without any back- wages. However, a consolidated amount of Rs.2500/- has been awarded by way of compensation, and the workman has been held entitled to emoluments from the date of the award. In my view, the award does not suffer from any error, nor could learned counsel satisfy it to be suffering from any such error, requiring interference in my writ jurisdiction.

The writ petition is, therefore, dismissed summarily.

( N P GUPTA ),J. /tarun/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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