Banshidhar Nai vs R S R T C
2021 Latest Caselaw 1568 Raj/2

Citation : 2021 Latest Caselaw 1568 Raj/2
Judgement Date : 12 February, 2021

Rajasthan High Court

Banshidhar Nai vs R S R T C on 12 February, 2021

Bench: Sanjeev Prakash Sharma

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 3497/2015

Banshidhar Nai S/o Shri Late Govind Ram, Gram Surajpura, Post
Vatika, Tehsil Sanganer,district Jaipur Raj.
                                                                   ----Petitioner
                                    Versus
Rajasthan    State    Road       Transport        Corporation     Through     Its
Managing Director, Pariwahan Marg, Chomu House, Jaipur 2,
Depot Manager, Rajasthan State Road Transport Corporation ,
Pali Raj.
                                                                 ----Respondent

For Petitioner(s) : Mr. Rajendra Vaish For Respondent(s) : Mr. Om Prakash Sheoran

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

12/02/2021

1. Both the counsels agreed that the issued involved in the

present petition stands duly adjudicated by this court in S.B.Civil

Writ Petition No.1920/2001 titled as Phool Chand Gurjar &

Ors. versus Rajasthan State Road Transport Corporation &

Ors. decided on 12.09.2018 whereby this court has passed the

following order:-

"So far as the submission of the petitioners of there being a scheme introduced dated 31/03/1995 for regularization of daily wages employees is concerned, the respondents would take steps for considering the case of the petitioners in terms of the said scheme dated 31/03/1995 for the purpose of regularization as the petitioners will be deemed to be in service in terms of the award dated 20/20/1996. However, till their case is considered for regularization, the petitioners would be

(2 of 3) [CW-3497/2015]

entitled to be granted the minimum of the daily wages as admissible to a Class IV employee and the arrears thereto shall be paid to the petitioners upto the date of passing of this Order. The amount shall be paid subject to the petitioners joining their duties within a period of one month from today.

The other question relating to joining at different remote areas in Rajasthan, this Court finds that since the termination of the petitioners was from Jaipur Depot, the respondents shall allow the petitioners to join at Jaipur Depot. If case of the petitioners does not fall within the ambit of regularization in terms of the Scheme dated 31/03/1995, the petitioners will be allowed to continue on the post by granting them minimum of the pay-scale of Class IV employee henceforth."

2. Learned counsel for the petitioner submits that in the

previous judgment passed by the court dated 12.09.2018, the

respondents stand was that the petitioner Bansidhar had

submitted his joining, thus the case of the petitioner is to be

examined in the said light. It is also found that the judgment

passed by this Court was assailed before the Division Bench in

D.B. Special Appeal No.463/2019 titled as Rajasthan State

Road Transport Corporation & Ors. versus Phool Chand

Gurjar & Ors. decided on 31.01.2020 and Division Bench has

passed the order following order:-

"It was further observed by the learned Single Judge that a scheme had been introduced by the Corporation for regularization of daily wage employees. Corporation was directed to take steps for considering the case of the respondents for regularization of their services. It was further directed that if the services of the respondents were regularized, they would

(3 of 3) [CW-3497/2015]

be granted minimum of the daily wages as admissible to Class-IV employee. It was further ordered that the respondents would also be entitled to arrears subject to their joining duties within one month of passing of the order.

We are of the considered opinion that the order passed by the learned Single does not warrant any interference as the order dated 14.03.2001 was liable to be set aside as it had not been passed in consonance with the award passed by the Labour Court. Learned Single Judge has only directed the Corporation to consider the case of the respondents for regularization in terms of the scheme dated 31.03.1995.

Respondents were also liable to be paid minimum pay-scale of the daily wages as admissible to Class-IV employee. Condition was imposed by the learned Single Judge that in case, the respondents failed to join their duties within one month from the date of passing of the award, then they would been titled for arrears of wages.