YASH CHOUDHARY Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) INSTANT appeal is directed against order of learned Single Judge dated 7.11.2013. The dependant of the deceased employee, who served on daily wage basis in the Department from 1.1.1987, and his services were terminated with effect from 1.4.1990. The alleged illegal termination came to be challenged by the deceased employee by raising a dispute through the appropriate government vide its Notification dated 11.11.1993, and by an award dated 12.9.2007 the learned Labour Court cum Industrial Tribunal, Alwar, recorded a finding that the termination was not valid and the employer has failed to comply with the mandate of Section 25F of the Industrial Disputes Act, 1947, and accordingly his alleged termination with effect from 1.4.1990 was declared to be invalid, and accordingly directed that the legal representatives of the deceased employee shall be entitled for consequential benefits including the salary to the extent of 25% from his date of death, and other benefits, if admissible under the law. It may be noticed that the employee died while the proceedings were pending before the Tribunal, and his legal representatives came on record which is very much evident from the cause title of the award dated 12.9.2007.

(2.) SINCE the termination came to be set aside by the Tribunal under award dated 12.9.2007, and the respondents were directed to grant consequential benefits which the family of deceased was entitled for, taking note thereof one of the dependant of the deceased employee moved an application seeking compassionate appointment under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (for short 'the Rules of 1996'), but that came to be rejected by the State Government on the premise that the Labour Court has not granted any relief in respect of employment to the dependant of the deceased employee. That came to be challenged by filing a writ petition. During the course of arguments, apart from what was awarded by the Labour Court under its award dated 12.9.2007, the respondents took an additional plea of limitation in filing of application seeking compassionate appointment provided under Rule 11 of the Rules of 1996, which postulates that application is to be furnished within a period of ninety days from the date of death of the government servant, and the learned Single Judge, after the matter being heard, was of the view that since the deceased employee died way back in 2002 and the award was passed by the Labour Court in September 2007, and after such a long time there appears no reason and justification in now extending the benefit of public employment to one of the members of the family of the deceased employee under the scheme of the Rules of 1996.

(3.) COUNSEL for the respondents while supporting the order of the learned Single Judge submits that submissions of the petitioner were considered by the learned Single, and it does not call for any interference at least in the intra court appeal.