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2005 Supreme(SC) 259

P.K.BALASUBRAMANYAN, N.S.HEGDE
State Of Rajasthan – Appellant
Versus
NARESH SUBEY – Respondent


ORDER

1. In this appeal the State of Rajasthan is challenging the directions issued by the High Court in the writ petition whereby the appellant State was directed to reinstate the respondent in the post held prior to his termination in addition to granting of compensation of Rs 15,000.

2. The Industrial Tribunal before whom the dispute was raised by the respondent workman, after considering the material on record, came to the g conclusion that the appellant had completed 240 days in a calendar year immediately prior to his removal from service. But taking into consideration the facts and circumstances of the case, came to the conclusion that it was appropriate that he be compensated rather than directing reinstatement. Accordingly by the award dated 13-3-2000 directed the appellant State to pay the compensation of Rs 15,000 in lieu of his reinstatement. In a writ petition

h filed by the aggrieved workman, the High Court by the impugned order relying on the judgment of the said High Court in the case of Bhawanisingh v. State of Rajasthan1 which pertains to the validity of the Rajasthan (Regularisation of Employment to Public Services and Rationalization of Staff) Act, 1999 held tha





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