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2006 Supreme(SC) 573

ARIJIT PASAYAT, C.K.THAKKER
Assistant Engineer, C. A. D. Kota – Appellant
Versus
Dhan Kunwar – Respondent


JUDGMENT

Arijit Pasayat, J. — Appellant calls in question legality of the judgment rendered by a Division Bench of the Rajasthan High Court, Jaipur Bench, dismissing the appeal filed by the appellant-State questioning correctness of the judgment rendered by a learned Single Judge.

2. A brief reference to the factual aspects as highlighted by the appellant would suffice:

The respondent (hereinafter referred to as the workman) was appointed on 1.1.1978 as work-charged employee on temporary basis. Subsequently, she was declared quasi-permanent in service and worked up to 30.5.1983. Appellant terminated her service after paying one months salary in terms of Rule 26 of Rajasthan Public Works Department (Buildings and Roads) including Gardens, Irrigation, Water-Works and Ayurvedic Departments, Work-charged Employees Service Rules, 1964 (in short the Rules). After about eight years dispute was raised by the respondent-workman. Initially no reference was made by the State Government. Subsequently, a reference was made to the Labour Court, Kota, Rajasthan, under Section 10(1) of the Industrial Disputes Act, 1947 (in short the Act). The reference was to the effect as to whether the employ












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