SBCWP NO.2058/96- State of Raj. vs. Jagguram & anr. Order dt: 21/10/2008 1/3 S.B.CIVIL WRIT PETITION NO.2058/96 (State of Raj. vs. Jagguram & anr.) DATE OF ORDER : 21/10/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Arjun Singh Rathore, for the petitioner. Mr.D.K.Parihar, for the respondent. 1. This writ petition has been filed by the State against the award of Industrial Tribunal, Bikaner dated 20/9/1994, whereby, the Industrial Tribunal held that the termination of respondent-workman from the service, who was appointed as Baledar in the Irrigation Department, was illegal w.e.f. 30.11.88 and he was directed to be reinstated in service with back wages. 2. Learned counsel for the State Mr.Rathore submits that according to the order of the State Government those employees appointed after 1.4.1985 were directed to be terminated from service as the work in question was completed and the provisions of Section 25 F of the Industrial Disputes Act, 1947 were complied with by the petitioner by giving him wages for one month in lieu of notice by payment of Rs.364/- as the respondent was working only on daily wages basis. 3. On the side opposite, Mr.D.K.Parihar submits that the award of SBCWP NO.2058/96- State of Raj. vs. Jagguram & anr. Order dt: 21/10/2008 2/3 Industrial Tribunal is unassailable because there is no justification for fixing cut off date of 1.4.1985 and had the work in question been over, there was no justification for retaining the workmen, who were provided appointment before 1.4.1985. He further submits that the respondent since been reinstated and is regularly working with the petitioner Department since 1994. He further submits that provisions of Section 25 F of the Industrial Disputes Act were not complied with, therefore, quashing of termination by the Industrial Tribunal deserves to be upheld. 4. Having heard learned counsels and upon perusal of the record of the case including the impugned award of Tribunal, this Court is satisfied that there is no force in the writ petition. Since the State Government-employer failed to adduce any evidence before the Industrial Tribunal as observed by it in para no.10 of the award, the Tribunal came to the conclusion that the work in question cannot be said to be over and there was no justification for fixing the cut off date of 1.4.1985. The Tribunal has further found that since payment of wages for full 30 days was not made but payment for only 26 days was made to respondent work @ 14 per day totaling to Rs.364/-, even there was non-compliance on the part of employer with the provisions of Section 25 F of the Act of 1947. Thus, findings of learned Tribunal SBCWP NO.2058/96- State of Raj. vs. Jagguram & anr. Order dt: 21/10/2008 3/3 are unassailable on the basis of pleadings and evidence adduced by the workman. Since the employer State did not lead any evidence before the Industrial Tribunal, the finding of fact cannot be assailed by the State in the writ petition. The writ petition is found to be devoid of merit and the same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.s/15 baweja/-