1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.4014/2006 (Vyavasthapak, K.V.S.S. Ltd Vs. Rajendra Kumar & Ors.) Date of order : 4.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sanjay Mathur, for the petitioner. Mr. Ravi Bhansali, for the respondents. Heard learned counsel for the parties. In this case, the petitioner department is challenging the validity of the impugned award dated 2.8.2004 passed by Judge, Labour Court, Bhilwara whereby the reference has been decided in favour of the respondent No.1 workman and it has been held that the termination of the respondent workman is illegal and in contravention of Section 25-F (a) and (b) of the Industrial Disputes Act, 1947 and while taking into consideration the entire evidence of the case passed an order for reinstatement with continuity of service with 50% back-wages. I have perused the impugned award. In my opinion, the Judge, Labour Court has adjudicated the matter after taking into account entire evidence of the case and held that compensation paid to the workman was less, therefore, he is entitled for the remaining amount. In these circumstances, the finding of fact reached by Judge, Labour Court does not 2 require any interference by this Court and the impugned award passed by Judge, Labour Court is totally in consonance with the provisions of the Act. In this view of the matter, the writ petition is dismissed. However, it is submitted by the learned counsel for the petitioner that the petitioner is making execution proceedings for the payment of back- wages awarded by Judge, Labour, therefore, some breathing time may be granted for compliance of the order passed under Section 33 C (ii) by the Judge, Labour Court. Thus, I deem it just and proper to grant an opportunity to the petitioner to file an application before the executing authority for grant of sometime for compliance of the award as well as the order passed under Section 33-C (ii). Upon filing the said application, it is expected from the Executing Court that some breathing time may be granted to the petitioner for compliance of the order passed by this Court. (GOPAL KRISHAN VYAS), J. arun