NANCHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL submits that the petitioner, as alleged in the petition, was appointed on daily wages basis in March, 1984. However, her services were terminated we.f. 31st January, 1989. The said dispute was referred by the appropriate Government to the learned Labour Court for adjudication and the award was passed on 29th January, 2002 holding the termination of services of the petitioner to be bad in law and directed the respondents to reinstate her with continuity of service, however, she was held entitled for 50% of the back wages. In pursuance to the award, the petitioner was reinstated vide order dated 29th November, 2003 in pursuance to which she joined on 02nd December, 2003. However, her grievance is that once she has been granted the benefit of continuity of service with reinstatement, by legal fiction, she holds the post on daily wages continuously from the date of her first appointment from March, 1984, which makes her entitled for grant of the benefit of semi-permanent status under the Rules and despite notice for demand of justice being served, the same has remained unheeded which has compelled her to approach this Court before by filing the instant petition. Without going into merits any further, this court considers it appropriate to direct the petitioner to make fresh representation. If such representation is made, the concerned Authority is directed to decide the same objectively within three months, thereafter by passing a speaking order in accordance with law. Decision whereof be communicated to the petitioner, who if feels aggrieved, will be free to avail remedy under law.

(2.) WITH these directions, the writ petition stands disposed of.