Arijit Pasayat, J. - (1.) Rajasthan State Road Transport Corporation (hereinafter referred to as Corporation) calls in question legality of the judgment rendered by learned Single Judge of the Rajasthan High Court dismissing the second appeal filed by the Corporation.
(2.) Background facts necessary for disposal of the appeal in a nutshell are as follows: The respondent (hereinafter referred to as the employee) filed a civil suit in the Court of the learned Additional Civil Judge, Senior Division and Judicial Magistrate III, Jaipur City, Jaipur. Suit was for declaration that the order of termination dated 18-3-1986 passed by the Corporation is illegal. According to him he was appointed as a Conductor or permanent basis and on erroneous impression that he was carrying passengers without tickets, his services were terminated. He was not departmentally proceeded against and no inquiry was conducted, and, therefore, the order of termination was illegal and arbitrary. It was further pleaded that the principle of last come first go was not followed in his case. The Corporation took the stand that the employee was appointed on daily wage basis. He was not appointed on permanent basis. There was no necessity for departmental proceedings or enquiry since he was engaged on a daily wage basis, and the engagement was discontinued. In any event there was no stigma attached. The Trial Court after consideration of the materials brought on record came to hold that the employee was appointed on daily wage basis. There was no question of departmental inquiry in case of daily wager. The employee had not produced any appointment order to substantiate his plea that he was engaged on permanent basis. There was no inquiry held and, therefore, the question whether the inquiry was proper or not did not arise for consideration. The Trial Court did not think it necessary to decide the question of jurisdiction to entertain the suit. The suit was dismissed. The employee preferred an appeal before the First Additional District Judge No. V, Jaipur City who by the judgment dated 23-3-1999 reversed the conclusions of the Trial Court and held that the order of termination was illegal and violative of principles of natural justice and employee was entitled to be in the service of the Corporation and he was entitled to the monetary and financial consequential benefits.
(3.) The Corporation preferred an appeal before the Rajasthan High Court and the learned Single Judge as noted above dismissed the second appeal.;