A writ petition challenged a 1997 Labour Court order refusing reinstatement of a terminated daily-wage cattle guard. The High Court found the petitioner had voluntarily left service after declining re-joining offers and upheld the Labour Court's well-reasoned order, dismissing the petition.
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.
[2024:RJ-JP:14130]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2325/2001
Shesha Dan S/o Hanu Das, Cattle Gaurd, Sargoat Village Sitaram Pura, Charanvas, Post Alisar Via Kaladara, Jaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Satyandra Meena for |
|---|---|---|
| Mr. | KS Chandel | |
| For Respondent(s) | : Mr. |
Zakir Hussain, AGC |
HON'BLE MR. JUSTICE SAMEER JAIN
Order
20/03/2024
(2 of 3)
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[CW-2325/2001]
appointment was paid no heed. It was further submitted the learned Labour Court, while passing the order impugned, did not pay due heed to the provisions of Section 25F of the Industrial Disputes Act, 1947.
4. Per contra, learned counsel for the respondent submitted that the petitioner was appointed on a daily wage basis and after rendering services for sometime, he voluntarily left the service. It was further submitted that during the conciliation proceedings, the petitioner was offered to re-join the services but the petitioner has willfully abstained from doing so. In support of the said averments, learned counsel for the respondents placed reliance upon the written submission made by certain witnesses, marked as Annexures 5,6 and 7 wherein, it is expressly mentioned that the petitioner had left the services of the respondents voluntarily.
7.1 That the petitioner was a daily wage worker, appointed under Respondent No.3.
7.2 That the learned Labour Court, while passing the order impugned, duly considered the fact that an opportunity to rejoin services was granted to the petitioner by the concerned
(3 of 3)
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respondents. However, the same was not availed by the petitioner at the given time.
7.3 That by way of Annexures 5,6 and 7 i.e. statements of witnesses, the fact regarding the petitioner quitting the services of his own volition stands corroborated.
(SAMEER JAIN),J
DEEPAK/20
1 issue framed by the court
Whether the Labour Court's order upholding a daily wage cattle guard's termination violated Section 25F ID Act or warranted interference under Article 227.
2 provisions across 2 enactments
Shesha Dan S/o Hanu Das
The Judge, Labour Court, Jaipur
The Chief Conservator of Forest, Forest Department, Van Bhavan, Jaipur
The Ranger, Forest Department, Shri Madhopur
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
