The State Of Rajasthan vs Prabhu Lal (2025:Rj-Jd:38086)
2025 Latest Caselaw 10847 Raj

Rajasthan High Court - Jodhpur

The State Of Rajasthan vs Prabhu Lal (2025:Rj-Jd:38086) on 26 August, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:38086]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 208/2025

1. The State Of Rajasthan, Through The Chief Engineer, Mahi Bajaj Sagar Project, Banswara, At Present Superintendent Engineer, Construction Zone, Mahi Bajaj Sagar Project, Banswara (Raj.).

2. The Executive Engineer, Distributary Division-1, Right Main Canal, Mahi Project, Banswara (Raj.).

3. The Executive Engineer, Coman Civil Works Division-1, At Present The Executive Engineer, Mahi Dam Division-1, Mahi Project, Banswara (Raj.).

4. Judge, Industrial Tribunal-Cum-Labour Court, Udaipur (Raj.).

----Petitioners Versus

1. Prabhu Lal S/o Shri Hakariya Ninama, Aged About 49 Years, R/o Rujiya, Post Chidiyawasa, Tehsil And District Banswara (Raj.).

2. Nanu S/o Shri Vithala Damore, Aged About 50 Years, R/o Kupada, Tehsil And District Banswara (Raj.).

3. Kalu S/o Shri Kehreng, Aged About 49 Years, R/o Surapada, Post Nichala Ghantala, Tehsil And District Banswara (Raj.).

4. Ramchandra S/o Shri Gautam Maida, Aged About 50 Years, R/o Sagatalai, Post Sewana, Tehsil And District Banswara (Raj.).

5. Smt. Pari D/o Shri Jokhama W/o Shri Vijaylal Meena, Aged About 49 Years, R/o Amlipada, Post Kundalakala, Tehsil And District Banswara (Raj.).

----Respondents

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

[2025:RJ-JD:38086] (2 of 2) [WMAP-208/2025]

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.

2. Accordingly, the present application is allowed. The order

dated 19.11.2024 passed in S.B. Civil Writ Petition No. 1479/2016

is recalled.

3. The writ petition is restored to its original number.

(DINESH MEHTA),J 63-Mak/-

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