BHAWANI SINGH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These matters are filed by the present petitioners appointed on daily wage basis or on temporary basis in the respondent - Municpal Council, Bhilwara as Fireman, Drivers and Wireman.

(2.) The facts are illustratively taken from SBCWP No.11166/2011 Bhawani Singh Solanki V/s State of Rajasthan and ors.

(3.) The initial date of appointment of the petitioner as Fireman with the respondent Municipal Council, Bhilwara was 2.11.1994. The services of the petitioner came to be terminated on 8.6.1999 and then he approached the Labour Court, where the award of the Labour Court was in his favour and a copy of the award of the Labour Court dtd.9.9.2004 is placed on record as Annex.1 by which the learned Labour Court directed his reinstatement in service with 20% back wages. That award became final when challenge to the same laid by the respondent Municipal Council, Bhilwara failed before this Court and SBCWP No.989/2005 Municipal Council, Bhilwara V/s Bhawani Singh Solanki and anr. was rejected by the learned Single Judge on 17.4.2008 and even the Division Bench appeal filed by the Municipal Council being DBSAW No.07771/2009 Municipal Council, Bhilwara V/s Bhawani Singh Solanki was dismissed vide order dtd.7.4.2010 and thus in compliance of the said award of the Industrial Tribunal, which was upheld by this Court, the respondent Municipal Council reappointed the petitioners on daily wage basis vide order Annex.4 dtd.24.12.2009. The petitioners are still working and they have actually worked for a period of more than 10 years, even if their break in service on account of illegal retrenchment from the year 1999 till 2009 reinstatement is ignored for argument sake.