The main legal point established in the judgment is that entitlement to regularisation and pay scale is based on continuous work in a particular position, as evidenced by the Industrial Disputes Act, 1947.

1. - This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners on 9.10.2000 against the respondents with the prayer that by an appropriate writ, order or direction, the judgment and award dated 2.12.1999 (Annex. 10) passed by the learned Judge, Labour Court, Jodhpur by which he ordered regularisation of services of respondent No. 3 Mohan Lal Solanki with effect from 18.10.1974 alongwith arrears etc., be quashed and set aside and the services of respondent No. 3 be regularised with effect from 8.2.1978 in place of 18.10.1974.

2. The case of the petitioners as put forward by them in this writ petition is as follows:

The respondent No. 3 Mohan Lal Solanki was initially appointed as Casual Labour on Muster-Roll basis on 6th September, 1971 in the erstwhile Board and, thereafter, he was conferred the pay scale of the post of Helper Gr.II with effect from 1st April, 1974.

It was submitted by the petitioners that the respondent No. 3 was asked to discharge the duties as Driver for a period of three months on temporary basis vide order dated 17th October, 1973, but his services were not at all found satisfactory. As a matter of fact, no extension was given to the respondent No. 3 beyond 17th Jan. 1974 and he was deemed to have been treated as Helper as his services were not at all found satisfactory as Driver. In this respect, the petitioners placed reliance on the letter dated 13th March, 1975 (Annex. 1).

It was further submitted by the petitioners that thereafter, on the recommendations of the Selection Committee constituted in terms of the Board's Order No. RSEB/DDP/D 2368 dated 1st November, 1977, the respondent No. 3 was regularly appointed as Vehicle Driver vide order dated 8th February, 1978, a copy of which is marked as Annex. 2.

It was further submitted by the petitioners that thereafter, the respondent No. 3 raised industrial dispute after a period of 19 years before the Assistant Labour Commissioner, Sirohi on 12.1.1993 raising a claim that he was entitled to be given the fixation of the pay scale on the post of Driver with effect from 18th October, 1974, with all consequential benefits in place of 8th February, 1978. The petitioners appeared before the Assistant Labour Commissioner and denied the claim of the respondent No. 3 and took a specific objection with regard to delay and laches on the part of the respondent No. 3 in raising the dispute. However, the matter was referred to the State Government when the conciliation proceedings failed and, thereafter, the State Government through Notification dated 8th August, 1995 made a reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of 1947") to the Labour Court, Jodhpur to the effect whether non-regularisation of services of the respondent No. 3 on the post of Vehicle Driver with effect from 18.10.1974 alongwith arrears was proper and valid or not. On receiving that reference, the Labour Court, Jodhpur registered the case being Labour Dispute Case No. 21/95.

Thereafter, the respondent No. 3 submitted his claim through Annex. 4 before the respondent No. 2 Labour Court, Jodhpur on 7th May, 1996 and a reply to the claim of the respondent No. 3 was filed by the petitioners through Annex. 5 before the respondent No. 2 Labour Court, Jodhpur raising preliminary objection with regard to delay and laches on the part of the respondent No. 3 in raising the dispute.

Thereafter, both the parties led evidence before the respondent No. 2 Labour Court in support of their respective cases.
After hearing both the parties and after considering the entire evidence and material available on record, the Labour Court, Jodhpur through impugned judgment and award dated 2.12.1999 (Annex. 10) came to the conclusion that the respondent No. 3 was entitled to be regularised on the post of Driver with effect from 18.10.1974 with all arrears and not with effect from 8.2.1978 as done by the petitioners and t