[1] SBCWP 5013/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO. 5013/2008 COMMISSIONER, NAGAR PARISHAD, TONK Vs. SHRI BENI PRASAD & ANR. Date: 21/01/2009. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ravindra Pal Singh, Advocate for the petitioner. Mr. M.K. Jain, Advocate for the respondents. **** The present writ petition is directed against the impugned award dated 20.03.2008 passed by the Labour Court No.2, Rajasthan, Jaipur, whereby the Labour Court has quashed and set aside the termination order dated 02.02.1999 and the respondent-workman Beni Prasad has been reinstated back in service with all consequential benefits but back wages have been denied and Rs. 1,000/- per year as compensation has been awarded. The petitioner Nagar Parishad, Tonk has challenged the aforesaid award on the ground that the respondent-workman was never employed by the petitioner, therefore, the question of termination does not arise. Further, the Labour Court has seriously erred in not considering the fact that neither appointment nor any termination order has been placed and it was alleged that vide oral termination dated 02.02.99 the services of the respondent-workman were terminated and he was [2] SBCWP 5013/2008 reinstated back in service only on the basis that he put signature in receipt register and despatch register which is said to be put unauthorisedly. It is also contended that the impugned award requires interference by this Court as the respondent-workman has submitted different set of facts before the Prescribed Authority under the Payment of Wages Act, Tonk and before the Labour Court. I have heard rival submissions of the respective parties and carefully gone through the impugned Award dated 20.03.2008 passed by the Labour Court No.2, Rajasthan, Jaipur as well as the material available on the record. It is not disputed that pursuant to the order passed by the Prescribed Authority under the Payment of Wages Act, Tonk dated 09.02.2007, having considered the fact that the respondent-workman has worked from 01.01.1998 to 31.01.1999, arrears of wages to the tune of Rs. 19,872/- and Rs. 19,872/- as compensation have been awarded totaling to Rs. 39,744/- and the same has been paid by the petitioner Nagar Parishad to the respondent workman. The order passed by the Prescribed Authority under the Payment of Wages Act, Tonk dated 09.02.2007 has not been challenged by the petitioner and the same attains finality. Thus, the Labour Court making basis the order passed by the Prescribed Authority under the Payment of Wages Act, [3] SBCWP 5013/2008 Tonk and having considered the relevant record, has rightly passed the award in favour of the respondent-workman reinstating him back in service and rightly awarded Rs. 1,000/- per year as compensation and no back wages have been awarded. In the considered view of the Hon'ble Supreme Court and this Court, I do not find any illegality or error apparent on the face of the record in the impugned award dated 20.03.2008 passed by the Labour Court No.2, Rajasthan, Jaipur and the same requires no interference by this Court. Consequently, the writ petition fails being devoid of merit and the same is dismissed. A copy of the order dated 09.02.2007 passed by the Prescribed Authority under the Payment of Wages Act, Tonk be taken on record. (K.S. RATHORE),J. /KKC/ (Reserved)