State Of Rajasthan vs Ranjeet
2021 Latest Caselaw 17901 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Review Petition (Writ) No. 198/2019

1. State Of Rajasthan, Through Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

2. Executive Engineer, Public Health And Engineering Department, Shahpura, Bhilwara.

3. Assistant Engineer, Public Health And Engineering Department, Sub Division, Bhilwara.

----Petitioners Versus

1. Ranjeet S/o Banshi Kumar, Through Mahamantri, Jalday Jalday Karamcharisingh, Bhilwara

2. Labour Court, Bhilwara.

----Respondents Connected With D.B. Spl. Appl. Writ No. 639/2019

1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

2. Executive Engineer, Public Health And Engineering Department, Shahpura, Bhilwara

----Petitioners Versus Durga Lal S/o Jagdish Mali, Through Mahamantri, Jalday Karamchari Sangh, Bhilwara.

----Respondent

For Petitioner(s) : Mr. Pankaj Sharma, AAG assisted by Mr. Rishi Soni For Respondent(s) : Mr. J. Gehlot

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

29/11/2021

Learned AAG has submitted that for the first time the State

is raising an issue that the Work-charge Rules, 1964 stood

repealed in 1995 and, therefore, after the same having been

(2 of 2) [WRW-198/2019]

repealed, whether the benefits could be granted to the

respondents in the same law. When confronted with status of

Apex Court judgment in Ram Prasad's case, leanred AAG submits

that even there, the core issue of law regarding repealing of the

Rules in 1995 was not raised, therefore, it is being raised for the

first time and calls for adjudication.

Upon this, learned AAG is directed to file a copy of SLP in

Ram Prasad's case as well as affidavit stating that previously the

question of law regarding repealment of statute was not raised in

Ram Prasad's case.

List after four weeks.

(RAMESHWAR VYAS),J (DR. PUSHPENDRA SINGH BHATI),J

6-7 nirmala/Sanjay

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