DHAKELI Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Aggrieved of the order dated 1st December, 2011, declining her representation for regularisation, the petitioner has instituted the instant writ application, praying for the following relief(s):-

(2.) Briefly, the indispensable skeletal materials facts essential for appreciation of the controversy are that the petitioner who was initially appointed as 'daily wage employee' in the Mukhiya Krishi Gram Anusandhan Krya Rashtriya Vistar Farm, Sewar, District Bharatpur, successfully assailed termination of her employment for violation of provisions of Industrial Disputes Act, 1947 (for short, 'Act of 1947'). For the Labour Court, Bharatpur, made an award on 31st October, 1994, for reinstatement with continuity of service and all consequential benefits. It is pleaded case of the petitioner that the award was upheld by this Court as well as by the Hon'ble Supreme Court. Amendment was effected in the Rajasthan Various Service (Amendment) Rules, 2009 (for short,'Rules of 2009'), vide notification dated 8th July, 2009 to provide regularisation to such temporary employees who had completed ten years or more service on or before 10th April, 2006, without intervention of any Court or Tribunal and were continuously working as such on the date of commencement of these Amended Rules. The writ application instituted and registered as SBCWP No.5791/2010; was disposed off on 23rd April, 2010; with a direction to the petitioner to address a representation to the respondents for consideration of her case for regularisation, in view of the Government Notification dated 8th July, 2009.

(3.) In compliance of the order dated 23rd April 2010, having considered the case of the petitioner, her request for regularisation has been declined for she did complete ten years of service on or before 10th April, 2006, without any intervention of any Court or Tribunal.