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2001 Supreme(Raj) 1470

RAJESH BALIA
Ajay – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This is a petition by a person who has been denied fruits of successful litigation fought for illegal retrenchment and perhaps is made to pay the penalty for agreeing to forgo the backwages and demanding current wages to secure his bread.

2. The petitioner was appointed as Sub Nakedar by the respondent No. 3 Municipal Corporation, Jodhpur on 6.8.85 and his services were terminated on 16.5.86. An industrial dispute raised against the termination was referred to labour Court, Jodhpur in 1991. The labour Court gave its award on 24th Sept., 1994 finding the termination of the petitioner to be invalid. It ordered reinstatement of the petitioner with continuity of service and also awarded backwages w.e.f. 11th Dec., 1991, the date on which reference was made, but denied backwages prior to that date. In pursuance of that award, the petitioner presented himself for being taken on duty before the Administrator. Municipal Board, Jodhpur on 30th Sept., 1994 but reinstatement was avoided on some ground or other. He again made representation. Ultimately, by his application dated 28.12.94 he agreed for forgoing the backwages for securing immediate reinstatement, the course as had be











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