PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for parties at length, scanned the material available on record as also the record of writ petition No.3669/1997 (Om Prakash v. State of Rajasthan decided on 3/8/1999, the Judgment of Division Bench dated 23-4- 2008 in DB Special Appeal No.1051/2000 filed by the State against the judgment dtd. 3/8/1999, as both files are tagged with the present writ petition.

(2.) By way of instant writ petition, instituted way back on 15/6/1999, while challenging the order of termination dated 13-4- 1999 (Ann.9) of the petitioner with immediate effect, the petitione, a Beldar, has come with a specific case that he was a daily wager employee in Irrigation department posted at Kukas Bandh, however, his services along with other daily wage employees were ended and they were ordered to be removed from service verbally. The union i.e. "The Jaipur Division Irrigation Employees Union", preferred a writ petition before the High Court against the illegal retrenchment, but the High Court did not grant any relief, then the Union preferred Special Leave Petition No.1369/1989 before the Hon'ble Supreme Court. The Supreme Court vide order dtd. 5/12/1995 allowed SLP and directed respondents to extend benefits to appellants as granted in case of Mohan Singh [1995 Supp(2) SCC 153]. Copy of the order dtd. 5/12/1995 in SLP No.1369/1989 has been placed on record as Annexure-R/4/1.

(3.) The case of petitioner is that along with the SLP, the Union enclosed a list of as many as 57 workmen, who were members of the Union and for whom behalf the Union had preferred the SLP before the Hon'ble Supreme Court and in whose favour the order dtd. 5/12/1995 was passed for reinstatement. As per the petitioner, his name finds place at Serial No.55, and therefore, in compliance of order dated 5- 12-1995 the petitioner was reinstated as Beldar and posted at Ramgarh project vide order dtd. 25/5/1996 and 18-6- 1996. Copies of orders are placed on record as Annexure- 7&8. The petitioner's name was at Sr.No.55 of the list enclosed with the SLP, was identified, verified and recognized by the then President of the Union. The application of petitioner dtd. 3/1/1996, seeking his reinstatement in compliance of the order dtd. 5/12/1995, and his verification by the President of the Union, being the petitioner's name at Sr.No.55 of the list enclosed with the SLP, are available on record as Annexure-5&6. One another letter of the President of the Union dtd. 17/1/1996, identifying and recognizing the petitioner to be the same person as figured out at Sr.No.55 of the list enclosed with the SLP is also available on record as Annexure-R/3, which has been placed on record by respondent department. In addition, it may be noticed that one affidavit of petitioner dtd. 6/5/1996 has also been placed on record by respondents as Annexure-R/4, wherein the petitioner himself has stated that at Sr.No.55 of the list enclosed with the SLP his name has wrongly been mentioned as "Om Prakash", whereas his name is "Prakash". This affidavit has not been denied or refuted by the petitioner.