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2025 DAILYLAW 11150 (RAJ)

MUNICIPAL BOARD PUSHKAR v. THE JUDGE LABOUR COURT AJMER AND

CW/6095/2003 · 2025-09-10

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:36711] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6095/2003 Municipal Board Pushkar through its Executive Officer, Pushkar, Ajmer ----Petitioner Versus The Judge Labour Court Ajmer. 2. Shri Laxmi Narain Regar S/o Suda Ram R/o Regran Mohalla Pushkar, Ajmer ----Respondent For Petitioner(s) : Mr. Reashm Bhargava For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 10/09/2025 This writ petition is directed against the order dated 19.07.2003 passed by the learned Labour Court and Industrial Tribunal, Ajmer (for short, ‘the learned Labour Court’) in LCC No. 44/2002, whereby, while allowing the application filed by the respondent No. 2-Workman (for short, ‘workman’) under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, ‘the Act 1947’), a direction was issued to the petitioner to pay a sum of Rs. 1,50,000/- computed in terms of award dated 11.12.2001 passed in LCR No. 17/1997. Assailing the aforesaid order, the only contention advanced by learned counsel for the petitioner is that the award dated 11.12.2001 has been modified by this Court vide order dated 24.07.2004 in S.B. C.W.P. No. 1907/2003: Municipal Board Pushkar Vs. The Judge Labour Court and Anr. and in view [2025:RJ-JP:36711] (2 of 3) [CW-6095/2003] thereof, recomputation of the amount payable to the workman is required. He, therefore, prays that the order impugned dated 19.07.2003 be quashed and set aside and the matter be remanded back to the learned Labour Court for computation afresh. None for the workman despite service. Heard. Considered. The order impugned dated 19.07.2003 was passed on the basis of directions issued vide award dated 11.12.2001 in LCR No. 17/1997. The aforesaid award has been modified by this Court vide its order dated 24.07.2004 in following terms: “Accordingly, the writ petition is partly allowed. The impugned award dated 11.12.2001 is modified to the extent that the concerned workman shall be entitled for reinstatement on same terms and conditions he was employed at the time of termination from the date of award, i.e., 11.12.2001, only. However, he shall not be entitled for any backwages prior to the above date. Learned counsel for the respondent submits that the concerned workman has already been reinstated. The petitioner may now make payment of arrears, as ordered above, to the concerned workman within 30 days from the date of receipt of certified copy of this order”. In view of the modification of the award dated 11.12.2001 by this Court vide order dated 24.07.2007, the amount payable to the workman is required to be recomputed. Accordingly, this writ petition is allowed in following terms: 1. The order dated 19.07.2003 is quashed and set aside. [2025:RJ-JP:36711] (3 of 3) [CW-6095/2003] 2. The matter is remanded back to the learned Labour Court for recomputation in terms of order dated 24.07.2004. The petitioner shall remain present before the learned Labour Court on 13.10.2025 at 10.30 A.M. (MAHENDAR KUMAR GOYAL),J Tahir/27