Allowed

Assistant Engineer P W D Jaipu v. Smt Prem

Rajasthan HC9 May 2014CW/317/2004

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the reinstatement of a workman by ordering the petitioner to comply with the terms of a 2013 circular. The order mandated reinstatement within two months with continuity of service and non-fixation of back wages until reporting for duty.

What did the court decide?

Reinstatement of the respondent-workman within two months with continuity of service and notional fixation in pay scale, forgoing back wages.

Assistant Engineer P W D Jaipu Vs Smt Prem — Labour and Industrial Disputes | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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O R D E R

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S.B. Civil Writ Petition No.317/2004 Assistant Engineer, P.W.D., Jaipur Vs.

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Smt. Prem

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Date of Order :::: 09.05.2014

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PRESENT

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HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA

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Mr.P.C. Yadav for Dr.A.S. Khangarot, Addl.G.C., for petitioner. Mr.Govind Gupta on behalf of Mr.M.F. Baig, for respondent.

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Heard learned counsel for the parties.

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The writ application comes up on an interim application preferred on behalf of the respondent-workman (Smt. Prem).

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It is jointly contended by the learned counsel for the parties that the matter may be disposed of in the light of circular dated 23^rd October, 2013 as per terms and conditions stipulated therein, which contemplates that such of those cases in which there is an award of reinstatement of workman with or without back wages or order in favour of the workman under Section 33(2)(b) of the Industrial Disputes Act, 1947 and the State Government/Public Sector Undertaking is in appeal/writ petition or making payment to the workman under Section 17-B of the Industrial Disputes Act, 1947 may be settled through the Lok Adalat on the terms of providing reinstatement with continuity of service and notional fixation in the pay scale, provided the workman agrees to forgo the back wages upto the date of his reporting for duty.

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Learned counsel for the parties are in agreement with the aforesaid proposal and disposal of the matter, in the light of the circular dated 23^rd October, 2013.

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Therefore, the writ application stands disposed of in terms of the circular dated 23^rd October, 2013.

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The petitioner would comply with the directions as per terms and conditions of circular (supra), by reinstating the respondent-workman within two months from the date of receipt of a certified copy of this order.

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In view of the disposal of the writ petition, the interim application No.10248/2014 also stands disposed of.

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(VEERENDR SINGH SIRADHANA),J.

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All corrections made in judgment/order have been incorporated in the judgment/order being emailed. P.C.Gupta, PA

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Pcg/Sunil

Assistant Engineer P W D Jaipu v. Smt Prem

Case brief

What is this about?

What did the court decide?

Assistant Engineer P W D Jaipu v. Smt Prem

Case brief

What is this about?

What did the court decide?

What the court decided

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