STATE OF RAJASTHAN Vs. KRISHNA KUMAR SAINI

JUDGEMENT

(1.) This appeal is filed by the State Government to challenge the order of learned Single Judge dtd. 4/3/2021 in Civil Writ Petition No.763/2008.

(2.) The case has a checkered history. The respondent was engaged as a Safai Jamadar on daily wage basis on 1/4/1996. His services were terminated on 27/5/1997. He raised an industrial dispute and challenged his termination. The Labour Court passed an award in his favour on 24/2/2004 directing his reinstatement with continuity of service but without back-wages. The Department challenged this award of the Labour Court by filing the Writ Petition No.547/2005, which was dismissed on 12/1/2006. Consequently, the workman was reinstated in service on 20/4/2006. Since then, he has been working continuously. He filed a fresh petition i.e. present Writ Petition No.763/2008 and sought benefit of regularisation. The learned Single Judge disposed of the writ petition by impugned judgment with following observations and directions:-

(3.) Learned counsel for the appellant contended that the petitioner was not covered under the scheme of regularisation framed by the State Government of which one of the requirements was that the employee should have completed ten years of service as on 10/4/2006. She submitted that even if by virtue of the Labour Court award his services are treated to be continuous on deemed position basis, he must be seen to have been retained in service through intervention of the Court order. Therefore, on the basis of the decision of the Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi, (2006)4 SCC 1, he cannot be regularised in service.