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2006 DIGILAW 2217 (RAJ)

Rafiullah v. M. D. , Rajasthan State Agro Industries Corpn, Ltd.

2006-07-14

SHIV KUMAR SHARMA

body2006
JUDGMENT 1. - The applicants approached this Court with the prayer to direct the respondents to give employment to the applicants in any of the depart- merit of the State Government or in the Public Undertaking. 2. The applicants are the employees of the Rajasthan State Agro Industries Corporation Limited which is ordered to be wound up by the court but that winding up order had not been given effect to. On the company being wound up all employees of the company were being absorbed by giving them alternative employment. It is the case of the applicants that all other employees of the corporation have since been accommodated on alternative jobs but the applicants have not been absorbed in any of the departments though their names were sent for absorption on more than 12 occasions. 3. I have heard learned counsel for the parties and scanned the material on record. 4. It appears that on 23-7-1992 a meeting was held wherein it was decided to form a committee to work out modalities of absorption/re-employment of surplus employees in public enterprises. In the light of the decision taken in the meeting, 16 employees were absorbed in Jodhpur Vidyut Vitran Nigam Ltd. vide order dated 14-9-2000 and one person was absorbed in Rajasthan State Women Commission vide order dated 13-4-2001. 5. The services of the applicant along with B.S. Rathore, B.S. Khinchi and S.S. Bhati were terminated under section 445(3) of the Companies Act on 30-11-2000 but leaving the applicants, the respondent State of Rajasthan provided employment to B.S. Rathore, B.S. Khinchi and S.S. Bhati. In my opinion, the act of State Government in not providing employment to the applicant is discriminately and violative of articles 14 and 21 of the Constitution of India. 6. For Lhese reasons, I allow the application and direct Chief Secretary, State of Rajasthan to provide employment to the applicants in any of the department of the State Government or in the Public Undertaking. The respondent State shall ensure compliance of this order within three months from the date of receipt of the copy of this order. *******