Partly allowed

R.S.R.T.C.Jaipur and Anr. v. Lrs of Vichitra Singh and Anr.

Rajasthan HC15 Dec 2018SAW/954/2014

Case brief

AI extract

What is this about?

The High Court reviewed an appeal challenging a Labour Court award granting back wages and increment. The Court held that a 20-year delay in raising the dispute warrants restricting back wages to the date of the workman's death, setting aside the previous orders and award.

What did the court decide?

Impugned order dated 04.04.2014 and Labour Court award dated 05.11.2004 set aside; back wages restricted to date of death.

R.S.R.T.C.Jaipur and Anr. Vs Lrs of… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 954/2014

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R.s.r.t.c.jaipur And Anr.

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----Appellant

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Versus

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Lrs Of Vichitra Singh And Anr.

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----Respondent

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For Appellant(s) : None present For Respondent(s) : None present

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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15/12/2018

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Though none appears for the parties we have perused the appeal.

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Vichitra Singh was appointed as a Conductor by the appellant Corporation on 29.02.1980. On 10.05.1980 he was charge sheeted regarding three persons travelling in the bus of which he was a conductor were found without ticket and he having received the fare. On 12.11.1980 another charge sheet was issued pertaining to seven persons with similar allegations. After departmental enquiry penalty of removal from service was inflicted on 06.06.1981 against which appeal filed was rejected on 31.07.1984.

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After 20 years the workman raised an industrial dispute which was referred to the Labour Court on 06.06.2004. On 05.11.2004 the reference was answered holding that the charge was partially proved and appropriate penalty would be stoppage of

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(2 of 2)

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[SAW-954/2014]

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one year annual increment with cumulative effect with 50% back wages was awarded.

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The challenge to the award by the appellant partially succeeded when the back wages payable was reduced to 30%. The impugned order dated 04.04.2014 notes that during the pendency of the writ petition Vichitra Singh died and on 08.05.2007 the Lrs were brought on record.

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Back wages awarded have been restricted to the date of the death of the workman. Though there is no limitation for a workman to approach a court by raising an industrial dispute, but the delay in raising in industrial dispute has to be considered. In the instant case the delay is of 20 years. On this ground the appeal succeeds.

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Impugned order dated 04.04.2014 dismissing SB Civil Writ Petition No.3240/2006 is set aside. The award dated 05.11.2004 passed by the Labour Court is also set aside.

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(DR.PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

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22-Anil/-

R.S.R.T.C.Jaipur and Anr. v. Lrs of Vichitra Singh and Anr.

Case brief

What is this about?

What did the court decide?

R.S.R.T.C.Jaipur and Anr. v. Lrs of Vichitra Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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