State of Rajasthan v. Maha Mantri Zila Jaldayak Karamchari Sangh, Ajmer, through Shri. Girdhari Lal, Shri. Surya Prakash and Shri. Laxman Ram
2017-12-05
DINESH CHANDRA SOMANI, PRADEEP NANDRAJOG
body2017
DigiLaw.ai
ORDER : 1. D.B Civil Misc. Application No. 880/2015: 2. The appeal has been filed with a delay of 536 days. 3. Seeking delay to be condoned in paragraph 2 of the application it is pleaded as under:— “2. That after the aforesaid judgment the Government of Rajasthan was trying to implement the judgment but a large number of such cases came to light from all over the State of Rajasthan, wherein more or less same type of directions were issued for giving semi-permanent and/or permanent status to work charge employees and during the course of scrutiny it was found that frauds and forgeries were played by the candidates and concerned officers in giving certificates. Under these circumstances it was decided to investigate into every case and it was decided to initiate action against the erring officers and employees including criminal cases. In these circumstances due to a detailed level of decision making at the end of the department due to peculiar circumstances that arose after the judgment passed in case of one Lal Chand Sharma the inadvertent delay has occasioned for no deliberate fault at the end of the respondents.” 4. No date has been mentioned as to when the alleged fraud came into light. No date is mentioned as to when enquiry was ordered. It has not been mentioned as to who conducted the enquiry. It is not pleaded as to what was the date when the enquiry officer, if any, appointed submitted the report. 5. That apart, litigation between the parties would show that the respondent-Union was espousing the cause of three workmen, Girdhari Lal, Surya Prakash and Laxman Ram. The case pleaded was that though appointed as Helpers the three were assigned clerical duties and thus would be entitled to be paid wages for performing clerical duties and also would be entitled for conferment of semi-permanent status on the post of Revenue Munshi/Store Munshi, for the reason these were the only two clerical posts. 6. No certificates issued by any authority were relied upon by the Union while espousing the cause of Girdhari Lal, Surya Prakash and Laxman Ram. Before the Labour Court the issue was decided on the basis of evidence which was led. 7. Under the circumstances we find no sufficient cause shown to condone the delay of 536 days. 8. D.B Civil Misc. Application No. 880/2015 is dismissed.
Before the Labour Court the issue was decided on the basis of evidence which was led. 7. Under the circumstances we find no sufficient cause shown to condone the delay of 536 days. 8. D.B Civil Misc. Application No. 880/2015 is dismissed. D.B Civil Special Appeal(W) No. 1159/2015: 9. Since delay in filing the appeal has not been condoned, the appeal is dismissed as not maintainable. D.B Civil Misc. Application No. 67257/2017: 10. Since delay in filing the appeal has not been condoned, above captioned application under Order 41 Rule 27 CPC for taking on record additional documents is dismissed.