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2008 DIGILAW 518 (RAJ)

Savitri Vijay v. U. O. I.

2008-02-19

MAHESH CHANDRA SHARMA

body2008
JUDGMENT 1. - By way of this writ petition the petitioner has prayed to quash and set aside the impugned order dated 30.11.1998 and also requested to direct the respondents to refer the dispute for adjudication to the appropriate forum constituted under the Industrial Disputes Act. 2. The petitioner has set up her case in short is that the petitioner was initially appointed on the post of Compiler after being successful in written test and interview conducted by the respondents. The petitioner joined her service on 24.06.1991. She had worked continuously with the office of the Deputy Director, Zonal Census Operation, Kota for more than 240 days in a year. The petitioner was paid the fixed wages of Rs. 30/- per day as such the petitioner was a workman under Section 2(j) and 2(S) of the Industrial Disputes Act, 1947 and the Census Operations are in the nature of an Industry. The service of the petitioner was terminated on 30.06.1992 without following the provisions of Industrial Disputes Act, 1947. 3. The learned counsel for the petitioner has submitted a judgment delivered by the Coordinate Bench of this Court in S.B. Civil Writ Petition No. 2479/1999 decided on 19.02.2002, Devaki Nandan Upadhyay & Ors. v. The Director, Census Operations Rajasthan & Ors. and made the statements that his case is squarely covered by this case. 4. On the other hand, learned counsel appearing on behalf of Union of India Mr. Kamlakar Sharma, the Assistant Solicitor General of India has controverted the arguments advanced in this matter. 5. I have heard learned counsel for the parties. In view of the above cited judgment referred by the petitioner, I allow the writ petition and the order passed by the Secretary, Govt. of India, Ministry of Labour dated November 30, 1998 are quashed. The respondents are directed to refer the matter for industrial adjudication as is being directed in the matter of Hari Ram Yadav by order dated 28.09.2000 and Devaki Nandan Upadhyay vide order dated 19.02.2002. 6. The aforesaid exercise shall be undertaken by the respondent within a period of one month from the placement of this order.Writ Petition Allowed. *******