HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners for granting regular pay scale of the post of Class IV employee from the date of initial appointment or at least from the date of reinstatement in pursuance of award dated 28/11/1998 and further prayed for regularization of their services on the post of Class IV employee.

(2.) According to facts of the case, petitioners were initially appointed as Class IV employee by the Principal, Government College, Banswara 9/7/87. The services of petitioners were terminated w.e.f. 31/10/1992 and against their termination, petitioners raised industrial dispute and after reference by the appropriate government in pursuance of failure report sent by conciliation officer, the matter was finally adjudicated by the Judge, Labour Court, Udaipur and an award dated 28/11/1998 was passed, whereby, retrenchment of petitioners was set aside and they were held entitled for reinstatement with continuity in service and back wages from the date of award. Against the award dated 28/11/98 passed by Labour Court, Udaipur, a writ petition was filed by the respondent employer under Article 226 and 227 of the Constitution of India which was registered as S.B.Civil Writ Petition No. 363/99, however, the said writ petition as dismissed by this Court holding that there was no error apparent in the award which called for any interference by the Court.

(3.) Against the judgment of learned Single Judge in above writ petition, respondents preferred special appeal under Sec. 18 of the Rajasthan High Court Ordinance which was registered as D.B.Civil Special Appeal No. 82/2002 and said special appeal was also dismissed by the Division Bench on 8/4/2002.