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2021 Supreme(Raj) 1662
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Sabina, Chandra Kumar Songara, JJ.
Rajasthan State - Appellant
Versus
Banshidhar Nai - Respondent
Civil Special Appeal (Writ) No. 390 of 2021; Civil Writ Petition No. 3497 of 2015
Decided On : 05-08-2021
Om Prakash Sheoran, Advocate, Rajendra Vaish, Advocate
The legal principle established is that employees who rejoin service following a reinstatement order are eligible for regularization under applicable schemes.
Headnote:
APPEAL - EMPLOYMENT LAW - The court upheld the decision of the learned Single Judge, affirming that the respondent's case for regularization under the scheme dated 31.03.1995 was valid as he had rejoined service following a reinstatement order from the Labour Court, consistent with prior judgments.
Fact of the Case:
The Rajasthan State Road Transport Corporation appealed against a decision allowing the respondent's writ petition, which was based on a previous ruling that favored similar claims for regularization of service.
Finding of the Court:
The court found that the respondent had rejoined service as per the Labour Court's reinstatement order, and thus, the conditions for regularization under the applicable scheme were met.
Issues: Whether the respondent was entitled to regularization under the scheme after rejoining service following a reinstatement order.
Ratio Decidendi: The court emphasized that the direction for regularization applies only to those who rejoined service post-reinstatement, aligning with the Supreme Court's observations.
Result: The appeal was dismissed, affirming the lower court's ruling in favor of the respondent.
JUDGMENT
1. Appellant-Rajasthan State Road Transport Corporation has filed the appeal challenging order dated 12.02.2021 passed by the learned Single Judge, whereby, writ petition filed by the respondent was allowed.
2. We have heard learned counsel for the parties and have gone through the record available on the file carefully.
3. A perusal of impugned order dated 12.02.2021 reveals that it was agreed by both the parties that the writ petition filed by the respondent was covered by decision given by learned Single Judge in Phool Chand Gurjar & Others Vs. Rajasthan State Road Transport Corporation & Others (S. B. Civil Writ Petition No. 1920/2021 decided on 12.09.2018). Said decision was upheld by Division Bench of this Court vide judgment dated 31.01.2020 passed in Rajasthan State Road Transport Corporation & Another Vs. Phool Chand Gurjar & Others (D.B. Special Appeal Writ No. 463/2019).
4. Learned counsel for the respondent has pointed out that the decision given by the Division Bench of this Court was challenged by the appellant-Corporation before the Hon'ble Supreme Court by filing Petition(s) for Special Leave to Appeal (C) No(s). 3180/2021, Rajasthan State Road Transport Corporation & Another Vs. Phool Chand Gurjar & Others and special leave petition was disposed of vide order dated 07.04.2021.
5. Order dated 07.04.2021 passed by the Hon'ble Supreme Court reads as under:
"Shri Bhattacharya, learned counsel appearing for the petitioners points out that out of 15 persons only one person namely, 'Banshidhar Nai' has joined the service pursuant to the order dated 14.03.2001 of reinstatement.
6. Needless to say that the direction of the High Court to consider for regularization under the scheme dated 31.03.1995 can apply only to those who may have rejoined service after the order of reinstatement, passed by the Labour Court.
7. With the aforesaid observation, the special leave petition is disposed of.
8. Pending application(s) shall stand disposed of."
9. Learned counsel for the respondent has further pointed out that the respondent had rejoined service in pursuance to the order of reinstatement passed by the Labour Court.
10. In view of above factual background, no ground for interference is made out.
11. Dismissed.
