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2023 Supreme(Raj) 217

SUDESH BANSAL
Executive Engineer, Irrigation Department, Sikar – Appellant
Versus
Sardar Singh, S/o. Shubhkar Singh – Respondent


Advocates Appeared:
For the Petitioner: Dr. Vivek Tyagi, Dy.GC.
For the Respondent: Mr. Hanumant Singh Rathore for Mr. Kan Singh Rathore.

JUDGMENT :

The petitioner-Irrigation Department, by way of instant writ petition, has assailed the order dated 12.09.2022 passed by the Labour Court No.2, Jaipur, dismissing Restoration Application No. No.10/2018 filed by the petitioner on 14.12.2017, and denied revival of the order dated 11.07.2017, consequently, has declined to set aside an ex parte award dated 03.07.2004 in LCR No.601/1998 passed in favour of respondent-employee for his reinstatement in service as daily wager.

2. Learned counsel for respondent-employee has appeared as Caveator.

3. Having heard learned counsel for both parties and from perusal of record, following facts have been culled out:-

(I) On Reference No.27/1997 dated 15.10.1997, respondent workman submitted a statement of claim dated 24.11.1997 before the Labour Court stating inter alia that he was appointed as daily wager employee on 02.07.1986 and since then continuously worked as labour in the Office of Assistant Engineer Irrigation Department, Sikar. He had worked with due satisfaction without any complaint and rendered his services for more than 240 days in a calendar year, preceding to his removal. However he was removed from service w.e.f. 01.11.1988

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