The Chief Engineer Mahi Project ... vs Gautam Lal (2025:Rj-Jd:38083)
2025 Latest Caselaw 11633 Raj

Rajasthan High Court - Jodhpur

The Chief Engineer Mahi Project ... vs Gautam Lal (2025:Rj-Jd:38083) on 26 August, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:38083]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 205/2025

1. The Chief Engineer Mahi Project Banswara, At Present Superintending Engineer Mahi Bajaj Sagar Project, Banswara (Raj.).

2. The Executive Engineer, Distributory Division I Left Main Canal Division, Mahi Project, Garhi, Banswara (Raj.).

3. The Executive Engineer, Left Main Canal Division At Present Executive Engineer, Mahi Dam Division I Mahi Project, Banswara (Raj.).

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

----Petitioners Versus

1. Gautam Lal S/o Doonger Ji, Aged About 46 Years, Resident Of Peeplod, Post Peeplod, Tehsil Bagidora, District Banswara.

2. Gautam S/o Ranchod Ji, Aged About 47 Years, Resident Of Peeplod, Post Peeplod, Tehsil Bagidora, District Banswara.

3. Laleng S/o Amareng Ji, Aged About 51 Years, Resident Of Peeplod, Post Peeplod, Tehsil Bagidora, District Banswara.

4. Kereng S/o Nath Ji, Aged About 50 Years, Resident Of Peeplod, Post Peeplod, Tehsil Bagidora, District Banswara.

5. Dhulji S/o Bhera, Aged About 47 Years, Resident Of Bodigama, Tehsil Bagidora, 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:38083] (2 of 2) [WMAP-205/2025]

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 02.12.2024 passed in S.B. Civil Writ Petition No. 1269/2011

is recalled.

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

(DINESH MEHTA),J 62-Mak/-

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