State Of Rajasthan vs Chetan Tabiyar (2025:Rj-Jd:38076)
2025 Latest Caselaw 11592 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Chetan Tabiyar (2025:Rj-Jd:38076) on 26 August, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:38076]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 203/2025

1. State Of Rajasthan, Through The Chief Engineer, Mahi Bajaj Sagar Project, Banswara.

2. Executive Engineer, Distributary Division-1St, Left Main Canal, Mahi Project, Garhi, District Banswara (Raj.)

3. Executive Engineer, Common Civil Works Division-1St, Mahi Project, Banswara At Present Executive Engineer, Dam Division-I, Mahi Project Banswara.

----Petitioners Versus

1. Chetan Tabiyar S/o Puniya, Aged About 67 Years, R/o Chandanpura, Post Garhi, Tehsil Garhi, District Banswara.

2. Raman Tabiyar S/o Shri Ram Chandra, Aged About 67 Years, R/o Chandanpura, Post Garhi, Tehsil Garhi, District Banswara.

3. Santu Tabiyar S/o Shri Chatura Tabiyar, Aged About 67 Years, R/o Chandanpura, Post Garhi, Tehsil Garhi, District Banswara.

4. Durga D/o Shri Partu, W/o Shri Raavji Makwana, Aged About 67 Years, R/o Ghamaniya, Post Sevena, Tehsil And District Banswara.

----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

the case of Smt. Dhuli vs. The Judge, Labour Court & Ors. (S.B.

[2025:RJ-JD:38076] (2 of 2) [WMAP-203/2025]

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 13.12.2024 passed in S.B. Civil Writ Petition No. 2433/2011

is recalled.

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

(DINESH MEHTA),J 60-Mak/-

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