JUDGMENT 1. - Heard learned counsel for the petitioner. 2. By way of filing present writ petition, the petitioner has prayed that his candidature may be considered for regularisation on the post of LDC in accordance with the amendment made in the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (hereinafter referred to as "the Rules of 1957"); in which, an amendment has been made for regularising the services of LDCs, who were appointed on adhoc or on daily wages basis during the period from 01.01.1985 to 31.03.1990. 3. The amendment made in the Rules of 1957 reads as follows:- "[(10) Notwithstanding anything contained in rule 7, all person's appointed as L.D.Cs. On adhoc basis or on daily wages basis during the period from 01.01.1985 to 31.03.1990 and are still working as such on the date this amendment comes into force shall be appointed on regular basis on availability of vacancy subject to the condition that they pass a performance test conducted by the head of the department concerned within a period of three years in accordance with the syllabus prescribed in part-IV of Schedule-I. Such persons shall be allowed three chances to pass the said test to be availed within a period of three years: Provided that if a person fails to pass the said test in three chances to be availed within a period of three years, he shall be liable to be removed from service.]" 4. Admittedly, the petitioner was appointed as LDC on daily wage basis by the respondent department on 12th February, 1988 and his services were terminated w.e.f. 30th March, 1990. 5. After termination of services of the petitioner from the post of daily wages LDC, the petitioner raised an industrial dispute before the Conciliation Officer and after failure of conciliation proceedings, the matter was referred to the appropriate Government for making reference to the Labour Court, Jodhpur.
5. After termination of services of the petitioner from the post of daily wages LDC, the petitioner raised an industrial dispute before the Conciliation Officer and after failure of conciliation proceedings, the matter was referred to the appropriate Government for making reference to the Labour Court, Jodhpur. The appropriate Government referred the following reference to the Judge, Labour Court, Jodhpur for adjudicating the reference, which reads as under:- " D;k 'kadjyky iq= Jh ukjk;.kjke pkS/kjh] dfu"B fyfid xzke nkarhokM+k ftyk tks/kiqj dks mlds fu;kstd ( 1 ) funs'kd ( cky fodkl ) efgyk cPps ,oa iks"kkgkj foHkkx] t;iqj ( 2 ) {kSf=; mi funs'kd cky fodkl efgyk cPps ,oa iks"kkgkj foHkkx] tks/kiqj ,oa cky fodkl ifj;kstuk vf/kdkjh efgyk ,oa cky fodkl foHkkx] cki ftyk tks/kiqj }kjk vkns'k fnukad 30-03-1990 }kjk lsokeqDr djuk mfpr ,oa oS/k gS\ ;fn ugha rks Jfed fdl jkgr dks ikus dk vf/kdkjh gS\ " 6. The Judge, Labour Court, Jodhpur vide his award dated 01st February, 2003 set aside the termination order of the petitioner dated 30th March, 1990 and reinstated the petitioner in service with continuity and with 30% back wages w.e.f. 09th March, 2000. 7. The contention of learned counsel for the petitioner is that although the petitioner is working on daily wages basis in the respondent department on the post of LDC but he is entitled to be considered for regularisation on the post of LDC in accordance with the amendment made in the Rules of 1957, therefore, it is prayed that respondents may be directed to consider the case of petitioner for regularisation. After taking into consideration the entire facts of the 8. Case and the fact that petitioner's case falls under the amendment made by the Government in the Rules of 1957, I deem it just and proper to direct the respondents to consider the candidature of the petitioner for regularisation on the post of LDC in the light of amendment dated 12th October, 1992 made under Rule 7 of the Rules of 1957. 9.
9. Consequently, the writ petition filed by the petitioner is hereby disposed of with direction to the respondents to consider the candidature of the petitioner for regularisation on the post of LDC as per the amendment made on 12th October, 1992 in the Rules of 1957 and pass an appropriate order within a period of two months from the date of producing certified copy of this order.Petition Disposed of. *******