Citation : 2025 Latest Caselaw 10846 Raj
Judgement Date : 26 August, 2025
[2025:RJ-JD:38065]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 200/2025
1. The State Of Rajasthan, Through The Chief Engineer, Mahi Bajaj Sagar Project, Banswara Rajasthan.
2. The Executive Engineer, Left Main Canal Division At Present The Executive Engineer, Dam Division I, Dam Area, Mahi Project, District Banswara Rajasthan.
3. Judge, Industrial Tribunal-Cum-Labour Court, Udaipur (Raj.).
----Petitioners Versus Smt. Keshar D/o Shri Nanka, Through Shri R.p. Seth S/o Shri Vazir Chand Seth, Aged About 68 Years, C/o 5/203 Mahi Colony Presently Of Mahi Karamchari Sangh, Banswara Rajasthan.
----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:38065] (2 of 2) [WMAP-200/2025]
2. Accordingly, the present application is allowed. The order
dated 11.12.2024 passed in S.B. Civil Writ Petition No. 3522/2006
is recalled.
3. The writ petition is restored to its original number.
(DINESH MEHTA),J 57-Mak/-
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