Chairman And M.D, Rrvpn Ltd. And ... vs Mamraj Singh And Anr
2021 Latest Caselaw 19387 Raj

                                        (1 of 4)                 [SAW-1055/2019]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
            D.B. Spl. Appl. Writ No. 1055/2019

1.     Chairman & Managing Director, Rajasthan Rajya Vidhyut
       Prasaran Nigam Limited, Vidhyut Bhawan, Vidhyut Marg,
       Jyoti Nagar, Jaiupr.
2.     Chief Engineer (T And C), Rajasthan Rajya Vidhyut
       Prasaran Nigam Limitd, Bhagat Ki Kothi, Jodhpur.
3.     Superintending Engineer (Tcc-Viii), Rajasthan Rajya
       Vidhyut Prasaran Nigam Limited, Rampura, Sirohi.
4      Superintending Engineer (Tcc-iii), Rajasthan Rajya
       Vidhyut Prasaran Nigam Limited, Sobhag Club, Ajmer.
5.     Executive Engineer-I (Tcc-Viii), Rajasthan Rajya Vidhyut
       Prasaran Nigam Limited, Rampur, Sirohi.
6.     Assistant Engineer-II (Tcc-Viii), Rajasthan Rajya Vidhyut
       Prasaran Nigam Limited, Rampura, Sirohi.
                                                                 ----Appellants
                                   Versus
Judge, Industrial Dispute Tribunal And Labour Court, Jodhpur.
                                                                ----Respondent



For Appellant(s)         :     Mr. Dhanesh Sarswat
For Respondent(s)        :



          HON'BLE MR. JUSTICE SANDEEP MEHTA
            HON'BLE MR. JUSTICE SAMEER JAIN

                                Judgment

20/12/2021
By the Court : Per Hon'ble Jain, J.

1. The present special appeal is filed by the appellants being

aggrieved by the order dated 23.1.2017 passed by the

learned Single Judge whereby the writ petition filed by the

appellants against the award dated 9.12.2010 passed by the

Industrial Tribunal-cum-Labour Court, Jodhpur in Labour

Dispute Case No.27/2006 was disposed of with a direction

that the award passed by the Labour Court, Jodhpur be

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complied with within a period of three months from the date

of passing of the order by the learned Single Judge.

2. The facts of the case are that a reference dated 14.9.2005

was filed on behalf of the Union for the workman Mamraj

Singh claiming that he should be fixed in the pay scale of

driver and treated as having been appointed on the post of

vehicle driver on substantive basis from 1.1.1983 and that

he was entitled to get the benefit under agreement dated

22.4.1971.

3. The learned Labour Court examined the claim and arrived at

the conclusion that the respondent-driver was not be entitled

to get the benefit of agreement dated 22.4.1971 for the

purpose of fixation/promotion/adjustment w.e.f. 1.1.1983,

however, a finding was arrived in favour of respondent that

the screening committee while conducting the exercise of

screening for drivers on 10.4. 1990 has wrongfully denied

the respondent-driver the benefit of screening, only on the

ground that the vehicle, on which, the respondent was

posted was not being utilized and on that ground, the

respondent was disallowed the benefit of regularization.

Such an action was held to be bdd by the learned Labour

Court and accordingly, he was ordered to be entitled for

receiving the pay scale w.e.f. 10.4.1990 on the post of driver

and further to be treated as vehicle driver.

4. The petitioner's counsel has urged before this Court that the

action of screening committee in denying the benefit to the

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petitioner only on said count is bad in law, he has further

submitted that the respondent was ineligible because the

vehicle was never used.

5. The learned Single Judge after considering the facts of the

case and award of the labour court dated 19.12.2020 gave a

finding that court has limited scope with regard to reviewing

the factual finding arrived at by the labour court when the

same were intensively dealt with by a speaking order and

the same does not call for any interference. It was also held

by the learned Single Judge that as the respondent was

superannuated and his pension and retiral benefits were not

paid, due to the present dispute, direction was made to

release the same within a period of three months.

6. Against the judgment of the learned Single Judge dated

23.12.2017, appellant-petitioner filed special appeal being

SAW No.863/2017 and vide order dated 10.10.2017 the said

appeal was dismissed on account of having callous approach

on the part of the appellant-petitioner. It was also observed

that not a single word was whispered by the petitioner on

correctness and proprietary of the impugned order. The

Court has passed comments to the extent that the writ

appeal was drafted without even looking at the impugned

order, but in the interest of justice, vide order dated

10.10.2017 liberty was given to the petitioner to challenge

the impugned order again by enclosing a certified copy and

raising grounds challenging the reasons contained in the

impugned order.

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7. Thereafter, the present appeal was filed and the grounds of

appeal were reiterated during the course of arguments.

8. After scanning the record, analyzing the impugned order

dated 23.1.2017 and considering the submissions made by

counsel for the petitioner fact that the respondent has been

superannuated and in compliance of the order dated

9.12.2010 and was released financial benefits, we are of the

view that the last fact finding body, i.e., labour court has

considered the entire facts of the case and evidences in

detail and decided the issue with logic and reasons, which

has been duly considered and analyzed by the learned

Single Judge and upheld.

9. Both the learned Labour Court as well as learned Single

Judge have given justified and logical findings and are

concurrent in nature.

10. In the light of the above said facts, the present special

appeal is dismissed.

11. Consequently, all the pending interlocutory applications

including the stay application also stand disposed of.

                                   (SAMEER JAIN),J                                        (SANDEEP MEHTA),J


                                    2-CPGoyal/-









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