HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Review Petition No. 76/2019

In

D.B. Civil Special Appeal (Writ) No.199/2018

1.

Managing Director, Rajasthan State Road Transport

Corporation, Head Office, Jaipur.

2.

Chief Manager, Rajasthan State Road Transport

Corporation, Vaishali Nagar Agar, Jaipur.

----Review-Petitioners/Appellants

Versus

Suraj Prakash Jat Son Of Shri Jagdish Lal, Resident Of Guwada,

Purani Kekri, District Ajmer (Rajasthan).

----Respondent

For Petitioner(s)

:

Shri Rewad Mal Bairwa

For Respondent(s)

:

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Judgment

25/03/2019

This review petition has been filed by RSRTC inter alia on the

premise that petitioner filed two appeals before this Court namely;

D.B. Special Appeal (Writ) Nos.199/2018 & 203/2018 challenging

the common judgement of the learned Single Judge dated

25.4.2017. The learned Single Judge by aforesaid judgement has

dismissed the writ petitions filed by the appellant/review-

petitioner. The S.B. Civil Writ Petition No.18059/2018 was filed

assailing the order of Labour Court-I, Jaipur dated 14.5.2015 by

which subsistence allowance as a measure of interim relief was

granted to the respondent-workman on his application dated

28.4.2015. The S.B. Civil Writ Petition No.10625/2015 was filed

challenging the order dated 3.12.2014 by which the domestic

(2 of 4)

[WRW-76/2019]

enquiry held by the appellant-review petitioner was declared to be

unfair.

Shri Rewad Mal Bairwa, learned counsel for the review

petitioner has submitted that both the matters were argued

simultaneously and this Court after hearing the matter at some

length allowed the D.B. Special Appeal (Writ) No.199/2018 listed

at S.No.28 of the cause list and costs of Rs.10,000 was imposed

for condonation of delay in filing the appeal, but the copy of the

judgement received by the petitioner indicated that the appeal has

been dismissed. It is argued that D.B. Special Appeal (Writ)

No.203/2018 filed by the appellant listed at S.No.24 was of course

dismissed by pronouncing the judgement in the open Court.

Learned counsel for the review petitioner has sought to

argue that there is no provision for grant of interim relief by way

of subsistence allowance after declaring the enquiry to be unfair

because once the dismissal takes place, master and servant

relationship between the management and the workman gets

snapped. Mere fact that enquiry is declared unfair, does not revive

the status of the workman as employee of the management. It is

argued that learned Single Judge while dismissing the writ petition

relied on the judgement of Single Bench of this Court in Nortanmal

Joshi vs. RSRTC & Anr.-2013 (3) RLW 2454 wherein the view has

been taken that pending application under Section 33-2B under

Industrial Disputes Act seeking approval of dismissal of removal

from service when the domestic enquiry was declared to be unfair

and workmen moved application for grant of interim relief by way

of subsistence allowance, the same could be granted. But contrary

judgement passed by the Single Bench in Mahamantri, Food

Industries Employees Union, Ajmer vs. Labour Court & Industrial

(3 of 4)

[WRW-76/2019]

Tribunal, Ajmer & Ors.-(2014) (142) FLR 125 has not been

noticed.

This Court dismissed the D.B. Special Appeal (Writ)

No.199/2018 by upholding the judgement of the learned Single

Judge in S.B. Civil Writ Petition No.18059/2015, whereby the

order of Labour Court dated 14.5.2015 granting subsistence

allowance was not interfered with, but at the same time, this

Court also in D.B. Special Appeal (Writ) No.203/2003 did not

interfere with the judgement of learned Single Judge dismissing

the S.B. Civil Writ Petition No.10625/2015 by which the order

dated 3.12.2014 whereby the domestic enquiry was held to be

unfair