[2026:RJ-JP:7170]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3200/2020 Rama Shankar Joshi S/o Late Sh. Ganpat Lal Joshi, Aged About 53 Years, R/o Vyas Colony, Near Mehandipur Balaji, Shastri Nagar, Jaipur (Raj.)

----Petitioner Versus

1. Regional Manager, Region Office, Uco Bank, Arcade International, Iind Floor, Ajmer Road, Jaipur.

2. Branch Manager, Uco Bank, Branch Johari Bazar, Jaipur.

----Respondents For Petitioner(s) : Mr. Suresh Kashyap Ms. Aradhna Swami For Respondent(s) : Mr. C.P. Sharma with Mr. Kirti Lamba HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

11/02/2026

1. Instant writ petition is preferred by petitioner with following prayer:

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this writ petition the action of the respondents in not regularizing the service of the petitioner from 2006 in the light of judgment of Hon'ble Apex Court in case of Uma Devi may kindly be held to be illegal, unjustified and same may be quashed and set aside and respondents may kindly be directed to regularise the service of the petitioner from the dates on which similar situated persons whose names mentioned in the award of the Labour Court dated 05.10.1991. It is further requested that Hon'bel Court may also direct the respondents to pay minimum pay scale of the post Peon, IVth Class during the pendency of the writ petition.

2. Brief facts of the case are that the petitioner was appointed in respondent bank on 15.07.1985 and his services were terminated on 15.08.1987. The petitioner has invoked jurisdiction under the Industrial Disputes Act and an award dated 05.10.1991 in I.T. No. 80/1989 was passed in favour of petitioner by Central Industrial Tribunal, Jaipur. As a result, the petitioner was declared as continuous daily wager in employment of respondent bank.

3. The petitioner was reinstated on 27.02.1992 and was retrenched on the very same day. The petitioner has filed a writ petition to challenge retrenchment, but the same was disposed of on 15.09.2001 on the ground of availability of alternative remedy. D.B. Special Appeal (Writ) and a SLP was also filed, but the same was dismissed. Thereafter, the petitioner filed a claim before the Industrial Tribunal and an award dated 06.09.2005 was passed in favour of petitioner. The award dated 06.09.2005 was challenged by the respondents, but the writ petition, D.B. Special Appeal (Writ) and a SLP filed by the respondents were dismissed. The petitioner was reinstated in service on 16.04.2018 and the petitioner has filed this petition for seeking declaration and regular pay.

4. Learned counsel appearing on behalf of petitioner, while placing reliance upon order dated 09.01.2013 in D.B. Special Appeal (Writ) No. 1551/2012 UCO Bank and Anr. Vs. Narendra Kumar Sharma, passed by a Division Bench of this Court, has submitted that identically placed Narendra Kumar Sharma was regularized by the respondent bank but petitioner was not regularized. He further submitted that the order dated 09.01.2013 is applicable upon the facts of the case. He also referred to unfair labour practices adopted by the respondents and submitted that the petitioner was forced to file legal proceedings since 1987 and still the petitioner is in the court of justice to demand justice. He further placed reliance upon judgment in case of Dharam Singh and Ors. Vs. State of UP and Anr., order dated 19.08.2025; 2025 INSC 998 and Jaggo Vs. Union of India and Ors.:2024 INSC 1034.

5. Aforesaid contentions were opposed by learned counsel appearing on behalf of respondents, while placing reliance upon judgment in case of Anupam Chakraborty vs. State of West Bengal and others in SLP (Civil) Diary No. 29533/2025, and submitted that regularisation of contractual employee cannot be claimed as a matter of right under statutory or constitutional provisions. He further placed reliance upon judgment in case of Secretary, State of Karnataka vs. Uma Devi and others, AIR 2006