In a review petition challenging a decision regarding termination of employees, the High Court of Rajasthan held that even if applicants appeared to concede benefits to secure terminal dues, they were not precluded from pursuing their writ petition, leading to the dismissal of the review.
The review petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Review Petition (Writ) No. 51/2019
The State of Rajasthan & Ors.
----Petitioners
Versus
Shri Surendra Kumar Sangwan & Ors.
----Respondents
For Petitioner(s) : Mr. Sunil Beniwal, AAG For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
06/05/2019
The main ground on which the review petition has been preferred is that an additional affidavit filed on behalf of the applicants was not considered. It is argued that the applicants had in the first round dispensed with the services of 40 employees and thereafter the two employees, who were the subject matter of the proceedings, were terminated in the year 2003. The learned Additional Advocate General submits that this order was preceded by a declaration given by the concerned employees that they would not seek any benefit.
This Court is of the opinion that there is hardly any merit in the submission. The fact that these employees submitted to the dictates of their employer in order to secure their terminal benefits or the amounts due could not have precluded them from urging what they did, and succeeding in the writ petition.
The review petition is accordingly dismissed.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
2-MohitTak/-
1 issue framed by the court
Whether the dismissal of the review petition is justified on the ground that the additional affidavit filed by the petitioners should have been considered.
The State of Rajasthan & Ors.
Shri Surendra Kumar Sangwan & Ors.
S. Ravindra Bhat
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
