JUDGMENT 1. - The petitioner, by this writ petition, has prayed that the respondents may be directed to immediately comply with the order dated February 2,1990, passed by this Court in S.B. Civil Writ Petition No. 898 of 1989 Babu Khan v. The State of Rajasthan. 2. The petitioner served with the respondents for more than 240 days, but his services were terminated without following the procedure provided under Section 25F of the Industrial Disputes Act, 1947. The petitioner, aggrieved with the order terminating his services, preferred a writ petition before this Court, which was registered as S.B. Civil Writ Petition No. 898 of 1989 (Babu Khan v. The State of Rajasthan and Anr.) . That writ petition was contested by the respondents and ultimately, after hearing the parties, the writ petition was allowed by this Court vide judgement dated February 2, 1990. The operative portion of the judgement reads as under: "The writ petition is allowed and the Collector (Rehabilitation), Churu, is directed to reinstate the petitioner from the date of the termination of his services with all consequential benefits. It may be made clear that there is no dispute that the petitioner had been working as a Lower Division Clerk and on the principle of 'equalpay for equal work', he is entitled to the same salary as is payable to a Lower Division Clerk. Therefore, I further direct that on his reinstatement, he shall be fixed in the pay scale of L.D.C. at the lowest from the date of filing of the writ petition, i.e., 17.3.1989." The respondents, dissatisfied with the judgement dated February 2,1990, passed in S.B. Civil Writ Petition No. 898 of 1989 Babu Khan v. The State of Rajasthan and Anr. preferred a Special Appeal before the Division Bench of this Court which was registered as D.B. Civil Special Appeal No. 473 of 1991 The State of Rajasthan and Anr. v. Babu Khan . That appeal camp-up for consideration before the Division Bench of this Court and the Division Bench, by its judgement dated January 13,1992, dismissed the appeal, filed by the State, after considering it on merit with the following observation: "Having perused the impugned order and the record of the case we are agree with the learned Counsel for the respondent that the petitioner had completed a period of 240 days service in pursuance of the order Annexure.1.
The learned Single Judge has, also, held that the initial appointment continued after the completion of 240 days and even if subsequent order is not taken into consideration, the petitioner was entitled to the benefit under Section 25F of the Industrial Disputes Act. The reasoned order, passed by the learned Single Judge calls for no interference. The Special Appeal is dismissed." 3. I have heard learned Counsel for the parties and considered the submissions made by them. 4. Though the respondents contested the writ petition, but were unsuccessful. They preferred an appeal before the Division Bench and that Special Appeal was, also, dismissed by the Division Bench of this Court vide Judgement dated January 13, 1992. The respondents inspite of the dismissal of the Special Appeal, did not comply with the order, passed by this Court and, therefore, the petitioner had no alternative except to approach this Court and he has filed the present writ petition with the prayer that the respondents may be directed to comply with the order passed by this Court. The respondents have contested this writ petition, also, almost on the same grounds, which were agitated by them before the Division Bench in the Special Appeal and which were not found favour with the Division Bench in the Special Appeal and the Special Appeal was dismissed. It would have been much better that after losing the appeal, the respondents should have complied with the order passed by this Court. The conduct of the respondents in not complying-with the order of this Court is wholly uncalled-for. 5. In the result, I allow the writ petition, filed by the petitioner, with cost and direct the respondents to comply with the order dated February 2,1990, within the period of three months from today. I assess the cost of the writ petition at Rs. 1000/-.Writ allowed. *******