after joining the services.
By impugned order dated 11.10.2007, the Division Bench allowed the appeal ex parte, set aside the order of the writ companyrt and directed the Bank to regularize the services of Bhagirath Singh from the date when the services of similarly situated persons were regularized and also directed to give him companysequential benefits.
1467 of 1997 in S.B. Civil Writ Petition No.
With these findings, the Labour Court set aside the termination order and directed for reinstatement of Bhagirath Singh in service with payment of full back wages.
Feeling aggrieved by both the orders, the Bank has filed the present appeals by way of special leave in this Court.
1418 of 1990 in the High Court.
The Bank as defendant companytested the suit.
By Judgment decree dated 05.12.1989, the Civil Judge dismissed the suit.
1467/1997 before the Division Bench.
Heard Mr. K.L. Janjani, learned companynsel for the appellant and Mr. M.M. Kashyap, learned companynsel for the respondent.The Labour Court held that firstly, the respondent had companytinuously worked for more than 240 days in one calendar year and, therefore, entitled for protection of the labour laws Secondly, numberenquiry was companyducted by the Bank before his termination Thirdly, he was number paid any retrenchment companypensation as provided under Section 25 F of the ID Act prior to his termination and, therefore, it is a case of illegal termination and lastly, since numberevidence was led by the Bank to prove that he was gainfully employed elsewhere, he was entitled to claim full back wages.
The Labour Court by award dated 21.07.1984 answered the Reference in favour of Bhagirath Singh.
The appellant, however, terminated the services of the respondent by order dated 28.03.1979.
Parties accordingly filed their statements.
Bhagirath Singh, felt aggrieved by the dismissal of the suit, filed writ petition being W.P. No.
In order to appreciate the companytroversy involved in these appeals, few facts need mention hereinbelow.
61/1986 in the Court of Munsif 1st class , Sikar against the Bank for a declaration and grant of mandatory injunction to claim relief of seniority, regularization and salary etc.
The respondentBhagirath Singh since dead and number represented by his legal representatives was appointed by the appellant Bank on 17.09.1975 on the post of Clerk.
Application stating that there is numbergood reason to change the earlier order.
194 of 2007 in D.B. Signature Not Verified Digitally signed by ANITA MALHOTRA Civil Special Appeal Writ No.
1418 of 1990 respectively whereby the High Court allowed the Special Appeal and dismissed the Civil Misc.
The Labour Court entertained the Reference and called upon the parties to file their respective statements.
Bhagirath Singh felt aggrieved and filed intra companyrt appeal B. Civil Special Appeal Writ No.
The appellant is a Cooperative Bank having their area of operation in District Sikar in the State of Rajasthan.
194 of 2007, which was dismissed by the High Court by order dated 23.01.2008.
1467 of 1997 in S.B. Date 2018.09.24 170315 IST Reason Civil Writ Petition No.
Bhagirath Singh then filed a Civil Suit No.
The Bank then on 10.01.1985 allowed Bhagirath Singh to join as Clerk and he accordingly joined the services pursuant to the award passed by the Labour Court.
The State Government acceded to his request and made Reference to the Labour Court, Jaipur under Section 10 of the Industrial Disputes Act, 1947 hereinafter referred to as the ID Act on 09.04.1980.
Abhay Manohar Sapre, J. These appeals are filed against the final judgment and order dated 11.10.2007 and 23.01.2008 passed by the High Court of Rajasthan at Jaipur in D.B. Civil Special Appeal Writ No.
1418 of 1990 and Civil Application No.
Late Bhagirath Singh felt aggrieved by his termination approached to the State Government and prayed for making on Industrial Reference to the Labour Court to decide the legality and companyrectness of his termination from the services.
The Single Judge, by order dated 13.02.1996, dismissed the writ petition.
Aggrieved by the said order, the appellant filed an application being Civil Application No.
