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High CourtsSingle Bench(2008) 01 RAJ CK 0142

Lachha Ram vs State of Rajasthan and Others Chandna Devi (Smt.) Vs State of Rajasthan and Others

Rajasthan High Court · Decided on 30 January 2008 · Citation: (2008) 2 WLN 192

HON’BLE JUDGES
Mohammad Rafiq, J
CASE NUMBER
Civil Writ Petition No''s. 2401 and 2403 of 2007

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Judgment

5 paragraphs · 338 words

Mohammad Rafiq, J.—Heard learned Counsel for the parties.

2.

These two writ petitions have been filed by the petitioners with the prayer that the respondent State may be directed to make compliance of the award passed in favour of the petitioners by Labour Court dt. 30.09.2003. The appropriate Government made a reference to the Labour Court on the question whether the petitioner workmen, who were working as part time cook in a hostel, Social Welfare Department are entitled to regularisation and benefit of regular pay scale. The reference was answered in affirmative.

3.

The award of the Labour Court dt. 30.09.2003 was challenged by the department before the learned Single Judge of this Court by filing S.B.Civil Writ Petitions No. 1424/2004 and 1425/2004, which were dismissed vide order dt. 16.12.2004 and 02.11.2004 respectively. The order passed by the learned Single Judge in case of Smt. Chandana Devi (S.B. Civil Writ Petition No. 1424/2004) was challenged by the State before the Division Bench of this Court by filing of the Special Appeal, which also came to be dismissed and thereafter against the order of the Division Bench of this Court a SLP was filed, which also came to be dismissed. The award being common, the SLP filed by State of Rajasthan having been dismissed, not only on the award but the judgment passed by the Division Bench of this Court was also upheld.

4.

In case of petitioner Lachha Ram also, the award of the Labour Court has been upheld by the learned Single Judge vide order dt. 02.11.2004 rejecting the writ petition filed by the State against the award passed by the Labour Court. In the circumstances, therefore, there is no option for the State Government but to make compliance of the award passed by the Labour Court.

5.

In the result, both the writ petitions are allowed. The respondents are directed to comply with the award dt. 30.09.2003 passed by the Labour Court within two months from the date of production of certified copy of this order.