Ambuja Cements Limited vs Smt. Kamli Devi
2021 Latest Caselaw 8122 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5092/2021

Ambuja Cements Limited, Unit Rabriyawas, Post D.l.f., Rabriyawas Tehsil Jaitaran District Pali Rajasthan Through Its Manager (Legal) And Power Of Attorney Holder Rajvijay Singh Rathore S/o Shri Chhaviraj Singh, Aged 42 Years, R/o Ambuja Township Village Rabriyawas, Tehsil Jaitaran, District Pali, Rajasthan.

----Petitioner Versus

1. Smt. Kamli Devi W/o Late Shri Kalu Ram, R/o Village Lal Ji Ki Dani, Post - Rass, Tehsil - Jaitaran, District- Pali (Raj.).

2. Rekha Devi D/o Late Shri Kalu Ram, R/o Village Lal Ji Ki Dani, Post - Rass, Tehsil - Jaitaran, District- Pali (Raj.).

3. Ghanshyam S/o Late Shri Kalu Ram, Minor Through Natural Guardian Mother Smt. Kamli Devi (Res. No. 1), R/o Village Lal Ji Ki Dani, Post - Rass, Tehsil - Jaitaran, District- Pali (Raj.).

4. Dinesh S/o Late Shri Kalu Ram, Minor Through Natural Guardian Mother Smt. Kamli Devi (Res. No. 1), R/o Village Lal Ji Ki Dani, Post - Rass, Tehsil - Jaitaran, District- Pali (Raj.).

5. Budhki @ Budhi Devi D/o Late Shri Kalu Ram, Minor Through Natural Guardian Mother Smt. Kamli Devi (Res. No. 1), R/o Village Lal Ji Ki Dani, Post - Rass, Tehsil - Jaitaran, District- Pali (Raj.).

6. M/s Shiv Narayan Singh Rathore, Contrector, Village And Post Rass, Tehsil - Jaitaran, District - Pali Rajasthan.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Nitin Ojha
For Respondent(s)           :



                       JUSTICE DINESH MEHTA

                            Judgment / Order





                                                                             (2 of 2)               [CW-5092/2021]

                                   24/03/2021

1. Mr. Ojha, learned counsel for the petitioner, submits that

before claiming reliefs including reinstatement, the employee Kalu

Ram was required to pay back the benefit, which he had derived,

consequent to agreement/settlement entered into between Kalu

Ram (husband of respondent No.1 and father of respondents

Nos.2 to 5), the petitioner (Company) and the contractor.

2. In support of the contention aforesaid, learned counsel relies

upon the judgment of Hon'ble the Supreme Court in the case of

Ramesh Chandra Sankhla etc. Vs. Vikram Cement etc. reported in

2008 AIR SCW 7923.

3. Issue notice. Issue notice of stay application also, returnable

within six weeks.

4. Meanwhile, further proceedings in Industrial Dispute Case

No.27/2018 (NCV No.98/2018) pending before the Industrial

Disputes Tribunal cum Labour Court, Jodhpur shall remain stayed.

(DINESH MEHTA),J

139-skm/-

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