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2025 DAILYLAW 8455 (RAJ)

K U M S KOTA v. RAM VILAS AND ANR

CW/4917/2003 · 2025-04-03

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15047] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.4917/2003 Krishi Upaj Mandi Samiti through its Secretary, Kota ----Petitioner Versus 1. Ram Vilas through Shri N. K. Tiwari, Adv. Bangali Colony, Chhawanik Kota. 2. The Judge, Labour Court, Kota. ----Respondents For Petitioner(s) : Ms.Manju Joshi For Respondent(s) : Mr.Kailash Chander Sharma JUSTICE ANOOP KUMAR DHAND Order 03/04/2025 1. This fact is not in dispute that the award passed by the Labour Court, Kota has been complied with by the petitioner so far as the reinstatement part is concerned. 2. Learned counsel for the petitioner submits that against the termination order dated 31.01.1990, a dispute was raised after a lapse of ten years, therefore, there was no reason or occasion available with the Labour Court to grant back wages of 25% to the respondent-workman w.e.f. 05.02.1999. 3. Delay has not been explained by the respondent-workman. Taking into consideration all submissions made by the rival side and looking to the fact that counsel for the respondent-workman is ready to forego the back wages. 4. Accordingly, the instant writ petition stands disposed of allowing the reinstatement of the respondent-workman while [2025:RJ-JP:15047] (2 of 2) [CW-4917/2003] modifying the award dated 27.05.2003 passed by the Labour Court by upholding the same to the extent of reinstatement without back wages. No cost. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /149