1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6663/2004. : : Mahipal Vs. State of Rajasthan & Anr. : : Date of Order 22.9.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Sunil Samdaria for the petitioner. Mr.Shyam Sunder Sharma, Govt.Counsel for the State. Heard learned counsel for the parties. The petitioner has filed this writ petition aggrieved by inaction of the respondents in not implementing the award of the Labour Court cum Industrial Tribunal dated 7.9.1996. The notice of the writ petition was issued to the respondents way back on 11.10.2004. Though the reply to the writ petition has not been filed, but the learned Government Counsel submitted that he has received factual report, therefore, he was allowed to argue on the basis thereof. Shri Sunil Samdaria, learned counsel for the petitioner argued that the respondents have challenged the validity of the aforesaid award by filing SB Civil Writ Petition No.970/1997 before this Court, which was dismissed by 2 Coordinate Bench of this Court vide judgment dated 6.5.2004. However, they have as yet not complied with the award of the Labour Court. Shri Shyam Sunder Sharma, learned Government Counsel opposed the writ petition and submitted that the respondents decided not to file special appeal against the judgment of learned Single Judge but the Government has been approached for permission to comply with the award but so far they have not received permission to do so. Upon consideration of the arguments aforesaid, it is evident that the award passed by the Labour Court in favour of the petitioner declaring his termination to be illegal has attained finality. When the writ petition filed by the respondents has been dismissed by this Court and the respondents have decided not to file any special appeal against such judgment, the compliance of the award cannot be avoided. In fact, the award is adjudication of dispute between the parties and its compliance is not optional at the choice of the respondents. In the result, this writ petition is allowed. The respondents are directed to make compliance of the award of Labour Court within three months from the date copy of this judgment is produced before them. (MOHAMMAD RAFIQ)J. A.Arora/-Item No.40.