STATE OF RAJASTHAN Vs. SMT VISHAKHA DEVI

JUDGEMENT

(1.) The respondent and the appellant have been in perpetual litigation, and we are pained that inspite of issues decided against the appellant which have attained finality in judicial proceedings, the appellant persists with wrong pleadings.

(2.) It is the case of the respondent that she was appointed temporarily as a Paricharika (Class IV employee) on April 2, 1983 and her services were terminated on March 14, 1986 without any cause or justification and in violation of Section 25F of the Industrial Disputes Act, 1947.

(3.) She raised an industrial dispute. In the proceedings before the Labour Court the appellant took a stand that the respondent was a part time employee and not an ad hoc or a temporary employee. The Labour Court negated the said plea of the appellant vide award dated June 19, 1992. The respondent was directed to be reinstated with back wages and continuity of service. The appellant did not challenge the award. It attained finality. The respondent was taken back into service. Having worked till the year 2006 i.e. for 23 years, the respondent filed a writ petition praying that her services be regularised. The petition was registered as S.B. Civil Writ Petition No.7367/1993. In said writ petition, the appellant once again took a stand that the respondent was a part time employee and not a full time employee. The said writ petition was disposed of on April 28, 2006 declining relief for regularisation as prayed for, but with a direction to the appellant to consider respondent's claim for regular appointment on a post and in the interregnum it was directed that she should be paid minimum wages. In the order dated April 28, 2006, the learned Single Judge noted that the issue of part time and full time employment had been decided against the appellant by the Labour Court.