State of Rajasthan vs Krishna Kumar Saini

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2048

AKIL KURESHI, REKHA BORANA
State of Rajasthan – Appellant
Versus
Krishna Kumar Saini – Respondent

Advocates appeared:
Ms. Archana on Behalf, Mr. Anil Mehta, AAG, for the Appellant; Mr. Neeraj Kumar Bhatt, for the Respondent.

JUDGMENT

1. This appeal is filed by the State Government to challenge the order of learned Single Judge dated 04.03.2021 in Civil Writ Petition No.763/2008.

2. The case has a checkered history. The respondent was engaged as a Safai Jamadar on daily wage basis on 01.04.1996. His services were terminated on 27.05.1997. He raised an industrial dispute and challenged his termination. The Labour Court passed an award in his favour on 24.02.2004 directing his reinstatement with continuity of service but without back-wages. The Department challenged this award of the Labour Court by filing the Writ Petition No.547/2005, which was dismissed on 12.01.2006. Consequently, the workman was reinstated in service on 20.04.2006. Since then, he has been working continuously. He filed a fresh petition i.e. present Writ Petition No.763/2008 and sought benefit of regularisation. The learned Single Judge disposed of the writ petition by impugned judgment with following observations and directions:-

'6. Taking into consideration the aforesaid facts, this Court is satisfied that this writ petition deserves to be allowed and accordingly the same is allowed. The petitioner would be entitled to be regularized

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