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2002 DIGILAW 223 (RAJ)

Kapoor Chandra S/o Shri Nanag Ram v. State of Rajasthan through The Secretary to The Govt. Public Health Engineering Deptt. , Rajasthan, Jaipur

2002-01-28

P.P.NAOLEKAR

body2002
JUDGMENT 1. With the consent of the learned counsel for appearing for the respective parties this matter is finally heard and disposed of. 2. By order dated 8.5.1995 award for reinstatement of petitioner-Kapoor Chandra on the post of Beldar was passed by the labour court, Bharatpur without back wages. The respondent No. 2-Chief Engineer has not implemented the award passed by the labour court and instead of reinstating the petitioner, respondent preferred a writ petition bearing number as S.B. Civil Writ Petition No. 3568/1997 (State of Rajasthan and Another v. Kapoor Chand & Another) challenging the award passed by the labour court. The writ petition came to be dismissed by order dated 13.10.1997 by the learned Single Judge of the High Court. The State again challenged the order before the Division Bench. The Division Bench by its order dated 11.10.2000 'dismissed the special appeal bearing number D.B. Special Appeal (Writ) No. 585/1998. The petitioner in the meantime on 10th Sept. 1998 filed a writ petition for enforcement of the order passed by the labour court as well as the order passed by the learned Single Judge of the High Court confirming the award. It is this matter which has come up for hearing. It is clear that after the award has been passed, no stay was granted either by learned Single Judge or by the Division Bench of the High Court as stated by the learned counsel for the petitioner. It was incumbent on the respondents to reinstatement the petitioner Kapoor Chandra in service in compliance of the order passed by the labour court. However, they have not implemented the award nor the order passed by the learned Single Judge of the High Court. In these circumstances the petitioner is required to file the present writ petition whereby he has sought enforcement of the award passed by the labour court dated 8.5.1995. 3. In the given facts and circumstances of the case, the petitioner has a clear cut right to get reinstatement on the post on which he was working when the order of termination was set aside by the High Court. Accordingly, I direct that the petitioner shall be reinstated in service in pursuance of the order passed by the Labour Court on 8.5.1995 and confirmed by the High Court, within a period of fifteen days form today. Accordingly, I direct that the petitioner shall be reinstated in service in pursuance of the order passed by the Labour Court on 8.5.1995 and confirmed by the High Court, within a period of fifteen days form today. Although, the petitioner was not granted back wages while directing reinstatement of his services by the Labour Court in the facts and circumstances as was existing at that stage. At present the case is made out for grant of back wages from the period 8.5.1995 when the termination of the service was set aside by the Labour Court. In spite of the right being created in his favour, the petitioner has not been given reinstatement in compliance of the order issued by the competent court and thus I direct that the respondents shall also pay the back wages to the petitioner for the period commencing from 8.5.1995 till he being re-employed in service. 4. The writ petition stands disposed of with the aforesaid directions.Writ Petition Disposed of as above. *******