STATE OF RAJASTHAN Vs. ZAHIRUDDIN

JUDGEMENT

(1.) THIS batch of Special Appeals filed by the State of Rajasthan and Municipal Council, Bhilwara arises out of a judgment of learned Single Judge dated 11th March, 2014, by which the writ petitions were allowed with directions to regularize the services of the respondents, who were petitioners in the writ petitions, within a period of three months and upon such regularization, the petitioners -respondents were made entitled to the grant of pay scale and other benefits, which are available to the regularly appointed persons with effect from the date of their regularization. Learned Single Judge has further directed that the past services of the petitioners -respondents right from the date of their initial appointment and notional period of their break in service during the illegal retrenchment/termination should be taken as continuous period for computing the period of qualifying services for the pension purposes and other retiral benefits, otherwise after their retirement, the petitioners -respondents will not stand to gain anything on account of their fruitful litigation before the Labour Court earlier and now.

(2.) IT is submitted by learned counsels appearing for the appellants -State of Rajasthan and Municipal Council, Bhilwara that the respondents -petitioners were appointed as Firemen, Wiremen and Drivers, which are Class -IV posts in the Municipal Council, Bhilwara in the exigencies of service, on daily wages. They were appointed between 1990 -1999. The services of all of them were dispensed with by a common order passed in the year 1999. All of them had challenged the termination of their services in the Labour Court.

(3.) THE writ petitions filed by the Municipal Council, Bhilwara against the Award of the Labour Court were dismissed on 9.5.2008. The Division Bench dismissed the Special Appeals against the judgment of learned Single Judge on 1.12.2009 and in this manner, the Award became final. In pursuance of the Award, after the dismissal of the writ petitions by learned Single Judge and thereafter, Special Appeals by the Division Bench, all the beneficiaries under the Award were given appointment on 24.12.2009 by the Municipal Council, Bhilwara on muster -roll, and since thereafter they are working as muster -roll employees.