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2023 Supreme(Raj) 313

PUSHPENDRA SINGH BHATI
Heera Ram – Appellant
Versus
Assistant Engineer Irrigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr J. Gehlot
For the Respondent: Ms. Abhilasha Bora, AGC

JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

    “(a) The award dated 17.10.2012 i.e. Ann.1 be set aside.

(b) The claim of the Petitioner be allowed / accepted and Petitioner be reinstated with full back wages.

(c) Any other relief for which the Petitioner is entitle, be granted.

It is, therefore, prayed that the Writ Petition be allowed with cost.”

2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that on 01.04.1990, the petitioner was appointed as labour (Beldar), on daily wage basis, by the respondent-Department to perform the works at Banas Dam. The petitioner, after his appointment as labour, continuously and without any break, performed his works till 31.10.1996. However, when he reached at his workplace to perform his duty, on 01.11.1996, the respondents did not permit him to do so, rather retrenched/terminated the petitioner from the engagement, which as per the petitioner, was done on count of his claiming semi permanent status in connection with the employment in question. The petitioner further averred that the retrenchment/termination in questio

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