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2026 Supreme(Online)(Raj) 4242

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
JAWAHAR NAVODAYA VIDYALAYA NAN – Appellant
Versus
DHANRAJ CHOUDHARY AND ORS – Respondent
CW / 2417 / 2003



[2026:RJ-JP:1000]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2417/2003 Jawahar Navodaya Vidyalaya, Nandla, District, Ajmer, (Raj.)

through its Principal.

----Petitioner Versus

1. Dhanraj Choudhary S/o Shri Mangi Lal Ji, R/o Bubaniya Via Nasirabad, District Ajmer.

2. The Judge, Labour Court, Industrial Tribunal, AJmer (Rajasthan).

----Respondents Connected With S.B. Civil Writ Petition No.2431/2003 Jawahar Navodaya Vidyalaya, Nandla, District Ajmer Raj.

through its Principal.

----Petitioner Versus

1. Amar Singh S/o Shri Ratan Singh, R/o House No.35/75, Kali Mai Mohallah, Nasirabad, District Ajmer.

2. The Judge, Labour Court, Industrial Tribunal, Ajmer, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 5412/2009 Dhanraj Choudhary S/o Mangilal, aged about 33 years, R/o Village & Post Bupaniya, Nasirabad, District, Ajmer (Rajasthan).

----Petitioner Versus

1. Jawahar Navodaya Vidyalaya through its Principal, Nandla, Nasirabad, District Ajmer Post Box No.12 (Pin-305601).

2. Sabina Taj, Principal, Jawahar Navodaya Vidyalaya, Nandla, Nasirabad, District Ajmer Post Box No.12 (Pin-305601).

----Respondents S.B. Civil Writ Petition No. 6569/2009 Amar Singh S/o Ratan Singh, aged about 41 years, R/o 3575, Kalimai Mohalla, Nasirabad, District Ajmer.

----Petitioner Versus

1. Jawahar Navodaya Vidyalaya through its Principal, Nandla, Nasirabad, District Ajmer Post Box No.12 (Pin-305601).

2. Principal, Jawahar Navodaya Vidyalaya, Nandla, Nasirabad, District Ajmer Post Box No.12 (Pin-305601).

----Respondents For Petitioner(s) : Mr. Krishna Verma For Respondent(s) : Mr. Sunil Samdariya with Mr. Arihant Samdariya &

Mr. Ramesh Chand Bairwa HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

Date of conclusion of arguments :: 08.01.2026 Date on which judgment was reserved :: 08.01.2026 Whether the full judgment or only the operative part is pronounced :: Full Judgment Date of pronouncement :: 19.01.2026 1. Facts, controversy and cause of action in all the above writ petitions are interlinked and interwoven, therefore, all the above writ petitions were heard analogously and are being decided by this common judgment.

2. As regards S.B. Civil Writ Petitions No.2417/2003 & 2431/2003 are concerned. These writ petitions are directed against awards dated 04.04.2001 and 07.04.2001 passed by learned Labour Court, whereby while answering the reference in favour of workmen, directions regarding reinstatement, continuity in services and backwages were given by the learned Labour Court.

3. So far as, S.B. Civil Writ Petitions No.5412/2009 & 6569/2009 are concerned, these writ petitions have been filed by the workmen alleging arbitrary and illegal termination of their services during the pendency of S.B. Civil Writ Petitions No.2417/2003 & 2431/2003 and disregard of orders passed by this Court and have further claimed for benefit of regularization.

4. For the purpose of convenience, facts stated in S.B. Civil Writ Petitions No.2417/2003 & 5412/2009 are being taken into consideration.

5. It is stated by the workman in S.B. Civil Writ Petition No.2417/2003 that Jawahar Navodaya Vidyalaya is the residential school, where the sanctioned post of cook/mess-helpers was already occupied, however, on account of discharging the over- burden of work and to meet out the contingencies, the workman- Dhanraj Choudhary was engaged as mess-helper on 21.07.1993, where he worked only up to 16.05.1996. Alleging the termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (for short, ‘the Act of 1947’), the workman raised industrial dispute which was ultimately referred to the learned Labour Court, where the workman filed his statement of claim submitting therein that initially he was engaged on 21.07.1993 for monthly wages of Rs.450/- and thereafter, the wages were increased up to Rs.650/- per month. The workman specifically worked for almost three years, however, without giving any prior notice, wages in lieu of notice and in non-compliance of p

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