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State of Rajasthan vs. Mohd. Hussain & Anr.

52.00 5.20

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Industrial Disputes Act, 1947–Secs. 25F, 25G & 25H–Award passed by Labour Court–Sustainability–Respondent-was terminated from service as his ad-hoc service was not found satisfactory–Appeal filed by him before the Service Tribunal was dismissed and the order attained finality–Dispute was raised after the inordinate delay of 16 years–Labour Court cursorily observed that the provisions of Limitation Act are not applicable–He was estopped from taking a plea that he had availed a wrong remedy–Further, it was not the case of retrenchment, rather, it was a case of bringing an end to the ad-hoc engagement of the respondent on finding his services to be unsatisfactory–Order of termination shows that the respondent failed to join the service in spite of the notice given to him–Impugned order passed by the Labour Court is liable to be set aside.