Citation : 2025 Latest Caselaw 10843 Raj
Judgement Date : 26 August, 2025
[2025:RJ-JD:38087]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 209/2025
1. The State Of Rajasthan, Through The Chief Engineer Mahi Bajaj Sagar Project Banswara At Present Superintending Engineer, Construction Zone, Mahi Bajaj Sagar Project, Banswara (Raj.)
2. The Executive Engineer, Left Main Canal Distributary Division-1St, Mahi Project, Garhi, District Banswara (Raj.)
3. Judge, Industrial Tribunal-Cum-Labour Court, Udaipur (Raj.)
----Petitioners Versus Shantilal S/o Shri Punja, Aged About 50 Years, R/o Hakuliya Ka Pada, Tehsil Garhi, District Banswara, Raj.
----Respondent
For Petitioner(s) : Mr. Milap Chopra For Respondent(s) : Mr. Ravindra Singh
JUSTICE DINESH MEHTA
Order
26/08/2025
1. Upon hearing learned counsel for the parties and considering
the submissions made at bar, this Court is of the view that the
issue in question is not covered by the judgment of this Court in
the case of Smt. Dhuli vs. The Judge, Labour Court & Ors. (S.B.
Civil Writ Petition No. 1087/2006) decided 16.04.2007, inasmuch
as, after expiry of substantial period, the Court may or may not
like to pass an order of reinstatement, while setting aside the
order regarding back-wages, the facts of each case have to be
taken into consideration in light of the contentions of the rival
parties.
[2025:RJ-JD:38087] (2 of 2) [WMAP-209/2025]
2. Accordingly, the present application is allowed. The order
dated 03.12.2024 passed in S.B. Civil Writ Petition No.
14678/2015 is recalled.
3. The writ petition is restored to its original number.
(DINESH MEHTA),J 105-Mak/-
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