HEM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to the present petition may briefly be stated as under:

(2.) THE petitioner was appointed as Junior Engineer on daily wages on 27 -5 -1987 by the District Rural Development Agency, Bhilwara for discharging the duties at Panchayat Samiti, Raipur under Special Schemes Organisation, Jaipur. It is not disputed that at the relevant time, the scheme in progress was a forerumer to Jawaher Rozgar Scheme, into which it ultimately merged. By order dated 22 -2 -1990, the services of the petitioner were terminated, while the posts under Jawahar Rozgar Youjna were still continuing: which led the petitioner to file the writ petitioner No. 1656 of 1990. The said petitioner came to be decided by this Court on 23 -1 -1 991. The Court held that the petitioner was being continued under various schemes, however, since his appointment order did not specifically state that his services will come to and with the expiry of the scheme, the petitioner's case cannot be considered to fall within the purview of Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (for short, ' the Act of 1947') and finding the termination of the petitioner's services in violation of provisions of Section 25F of the Act of 1947; the termination of the services of the petitioner was set aside. The petitioner was directed to by re - employed. He was further awarded 1/4th of the back wages. In pursuance of the said order, the petitioner was reinstated on 28 - 1 -91 and was paid 1/4th of the back wages upto 27th January, 1991. Again by order dated 7 -5 -1 991, petitioner's services have been terminated by stating that since the 254 posts of Junior Engineers under Jawahar Rozgar Yojna have been abolished with effect from 28 -2 -1 991, the Services of all Junior Engineers under Jawahar Rozgar Yojna were terminated. As a result thereof, petitioner's services were also terminated by order passed by the Collector, D.R.D.A., Bhilwara. The petitioner challenged this order on the ground that his services have again terminated without following the procedure provided under the Act of 1947.

(3.) THIS Court has also taken the view in S.B. Civil Writ Petition' No. 5368 of 1990 Riyaz Ali v. State of Rajasthan and Ors, and 36 connected cases, decided on October, 7, 1991 and further in SB. Civil Writ Petition No. 2568 of 1989 and connected cases, decided on 1 7 February, 1992 that persons employed directly under Jawahar Rozgar Younja by D.R.D.A. are not entitled to relief of reinstatement. In view of the aforesaid decisions of Hon'ble Supreme Court and of this Court which are in accordance with aforesaid Supreme Court decision, the relief of reinstatement is not possible to be granted to the petitioner, inasmuch as the fact that all the 254 posts of Junior Engineers under Jawahar Rozgar Yojna stand abolished and such abolition of the posts has not been found to be malafide. In the absence of any posts to which the petitioner could be reinstated under his employer, the relief of reinstatement cannot be allowed.