Disposed

Tara Chand and Ors. v. State and Ors.

Rajasthan HC2 Mar 2021CW/3599/1999

Case brief

AI extract

What is this about?

This order addresses a writ petition concerning the employment and regularization of petitioners. The court held that petitions regarding deceased petitioners are abated or disposed of per Labour Court awards. For surviving petitioners providing long-term service, the court ordered the Municipal Board to regularize their services based on the Uma Devi judgment.

What did the court decide?

Respondents-Municipal Board shall take steps to regularize the services of petitioners Suresh, Om Prakash keeping in view the long services of more than 20 years rendered.

Tara Chand and Ors. Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2021)

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(1 of 2)

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[CW-3599/1999]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3599/1999

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Tara Chand S/o Shri Bhikam Chand aged about 26 years R/o Mandrin Mohalla Harizen Basti, Rajgarh, Alwar.

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Mahendra Kumar S/o Shri Kalu Ram aged about 25 year R/o Mandrin Mohalla Harizen Basti, Rajgarh, Alwar.

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Suresh Chand S/o Shri Laxmi Narain aged about 26 years R/o Mandrin Mohalla Harizen Basti, Rajgarh, Alwar.

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Om Prakash S/o Shri Mohan Lal aged about 25 years R/o Mandrin Mohalla Harizen Basti, Rajgarh, Alwar.

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Rajendra Kumar S/o Shri Ramkishore aged about 25 years R/o Mandrin Mohalla Harizen Basti, Rajgarh, Alwar.

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...Petitioners

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Versus

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The State of Rajasthan through Dy. Secretary-cum Director, Local Bodies Government of Rajasthan, Jaipur.

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The Municipal Board Rajgarh through its Chairman.

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….Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. Sandeep Sharma, Dy.G.C.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/03/2021

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An additional affidavit has been filed by the respondents and it is stated that Tara Chand was reinstated on duty on 1.10.2002 and he remained working as Sweeper till his death on 8.3.2015. The petitioner no.2 – Mahendra was also reinstated in service and he remained on duty as Sweeper till he died on 28.7.2009. Suresh Chand and Om Prakash were reinstated and they have been working continuously and are being paid wages regularly. Rajendra’s services were dispensed with and his services were

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(2 of 2)

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[CW-3599/1999]

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terminated on 7.9.1999 and was paid cheque of 42 days salary in terms of Section 25 of Industrial Disputes Act. Rajendra has filed LCR No. 317/2001 before the Labour Court which was dismissed on 13.10.2010 but was ultimately allowed by Labour Court vide award dated 24.5.2018 reinstating Rajendra with 25 % back wages. Against the same award dated 24.5.2018, the writ petition No.26473/2018 was filed which is pending.

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Keeping in view above the facts, the writ petition stands abated as regards Tara Chand & Mahendra are concerned and also stands disposed of in terms of the ultimate award passed by the Labour Court so far as the petitioner No.5 Rajendra is concerned

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As regards the case of Suresh, Om Prakash who have been continuously working as Sweepers with the respondents and are also presently working on the said post, the respondents-Municipal Board shall take steps to regularize their services keeping in view the long services of more than 20 years rendered by the petitioners in terms of the judgment passed by the Supreme Court in the case of State of Karnataka Vs. Uma Devi reported in 2006(4)SCC as well as circular issued by the State Government dated 27.2.2009.

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The writ petition stands disposed of.

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All pending applications also stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Tara Chand and Ors. v. State and Ors.

Case brief

What is this about?

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Tara Chand and Ors. v. State and Ors.

Case brief

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