- (1.) BY THE COURT : Being appointed as Lower Division Clerk at Mechanized Agriculture Farm, Rajori, the petitioner joined duties with respondent University on 25.9.1989. On 7.1.1991, he was terminated from service and being aggrieved by the same, he raised an industrial dispute and that was referred for its adjudication to Labour Court, Bikaner. The Labour Court by an award dated 27.7.1999, answered the reference declaring termination of petitioner from service bad, accordingly, a direction was also given for his reinstatement in service with 50% of backwages.
(2.) TO challenge validity, correctness and propriety of the award aforesaid, the employer preferred a petition for writ before this Court that came to be rejected on 27.11.2000. An appeal against the judgment dated 27.11.2000 too was rejected by Division Bench of this Court on 30.1.2001. A Special Leave Petition preferred before the Hon'ble Supreme Court by the employer was also dismissed on 23.7.2001. The award dated 27.7.1999 was then executed by the employer on 10.7.2002 by reinstating the workman as Lower Division Clerk. His pay was fixed at the minimum of the pay-scale of Rs.3050-4590 on 23.11.2007. In this petition for writ, the petitioner is claiming regularisation of his service and further grant of regular pay- scale from the date of his initial appointment. As per the petitioner, the Board of Management of the respondent University on 22.1.1998 resolved that the services of persons of non-teaching cadre working on ad hoc / casual / fixed basis who have passed the prescribed job test / interview and are found qualified for the post and have been given appointment on ad hoc basis, shall be regularised from the date of joining the post through a Screening Committee to be appointed by the Vice-Chancellor. The services of the petitioner in pursuant to the resolution of the Board of Management referred above are required to be regularised. While contesting the claim made by the petitioner, it is submitted that the resolution dated 20.1.1999 has become inoperative in view of the provisions of the Rajasthan Regulation of Appointments to Public Services and Rationalisation of Staff Act, 1999 (for short 'the Act of 1999' hereinafter), Section 9, which prescribes that no person who is a daily wage employee and no person who is appointed on an urgent temporary basis and is continuing as such at the commencement of this Act shall have or shall be deemed ever to have a right to claim for regularisation of services on any ground whatsoever and the services of such person shall be liable to be terminated at any time with due notice. Heard learned counsel for the parties. It is not in dispute that the petitioner entered in the services of respondent University on 25.9.1989 and in view of the award dated 27.9.1999 passed by Labour Court, Bikaner, he is deemed to be in continuous service of the respondent- employer from the date of his initial appointment. It is also not in dispute that the resolution of the Board of Management dated 22.1.1999 is applicable to the petitioner. The only impediment in not giving effect to the resolution aforesaid is the provision of Section 9 of the Act of 1999, that prescribes a bar to regularisation of services. However, the provision aforesaid does not exist on the statute book being already declared ultra-vires to Articles 14, 16 and 21 read with Articles 39, 41 and 42 of the Constitution of India in Bhawani Singh & 17 Anr. Vs. State of Rajasthan & Ors., 2002(3) WLC (Raj.) 728. In view of the fact aforesaid, the reason given by the respondent University for not operating the resolution dated 22.1.1999 is unsustainable. The petition for writ, therefore, deserves acceptance. Accordingly, the same is allowed. The respondent University is directed to consider the case of the petitioner as per resolution dated 22.1.1999 for the purpose of regularisation in service from the date of his joining. The entire process relating to consideration as per the direction above is required to be made and completed by the respondent University within a period of four months from today. No order as to costs.;