LAWS(RAJ)-2017-2-151

RAGHUNATH PRASAD BUNKAR Vs. STATE OF RAJASTHAN

Decided On February 10, 2017
Raghunath Prasad Bunkar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The petitioner by way of this writ petition has approached this Court for regularisation of his services from the date of award passed by the Labour Court on 24.02.2003.

(2.) Briefly the facts in the case are that services of the petitioner were terminated on 30.11989. The petitioner approached Labour Court and the Labour Court vide order dated 24.02003 while answering the reference in favour of petitioner has held that the termination of the services of the petitioner vide order dated 30.11989 is illegal and the petitioner was held to be in continuous service of respondent from the date of termination, but the back wages for the same period were denied. The respondent i.e. State has challenged this order of Labour Court by way of filing a writ petition being S.B. Civil Writ Petition No.7251/2003 before this Court. This writ petition was also dismissed on 31.01.2005. Against the dismissal of this writ petition, the State Government filed a special appeal being D.B. Special Appeal No. 267/2005 the same was also dismissed upholding the award of Labour Court. The Division Bench observed as under:-

(3.) In pursuance of the orders passed by Labour Court and by this Court, the petitioner was reinstated by order dated 24.08.2007 as a daily wager and since then the petitioner is in continuous service of the respondent. The petitioner is working as Class-IV in the respondent Department. It is also submitted by the petitioner that the persons who are similarly situated to the petitioner their services had been regularized.