Veerender Singh Siradhana, J. - (1.) THE petitioners, who are legal heirs of late Birji Ram, have instituted the present writ application, praying for the following relief(s): "(I) By way of issue an appropriate writ, order or direction, the petitioner No. 2 may be held entitled for family pension in lieu of services rendered by her husband with the respondent department. (II) By way of issue of appropriate writ, order or direction, the order dated 13.3.2013 may kindly be held arbitrary and illegal and same may kindly be quashed and set aside. Respondents may kindly be directed to grant benefit of compassionate appointment to the Petitioner No. 1 on any suitable post in place of his deceased father who died while in service of the Respondent department. (III) By way of issue an appropriate writ, order or direction, it may kindly be held that late Shri Birji was not a part time employee and was in fact a full time employee working as Ward boy in respondent department and order dated 21.4.2011 may also be directed to be amended accordingly. (IV) By way of issue an appropriate writ, order or direction, the Respondents may kindly be directed to make payment of gratuity, other retiral benefits and arrears of family pension to the petitioners along with interest @12 % per annum. (V) Any other order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioners and against the respondents."
(2.) SHORN off unnecessary details, the essential skeletal material facts necessary for appreciation of the controversy needs to be first noticed. Late Shri Birji Ram, raised an industrial dispute, assailing the legality, validity and correctness of termination of his employment. On a failure report submitted by the Conciliation Officer, Bharatpur, the State Government made a reference in exercise of its powers under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (hereinafter the 'Act of 1947, for short). The Labour Court Bharatpur, on a consideration of the pleadings of the parties, evidence adduced and the materials available on record, passed an award dated 18th December, 1995, in favour of the respondent -workman (Late Shri Birji Ram). The State -respondents challenged the legality and validity of the award made by the Labour Court, Bharatpur, in SBCWP No. 111/1997. A Coordinate Bench of this Court, vide order dated 13th March, 2008, upholding the findings of the Labour Court, dismissed the writ application, upholding the award made by the Labour Court. The workman (Late Shri Birji Ram) also instituted Writ Application No. 7686/2005, praying for implementation of the award dated 18th December, 2005. Another Coordinate Bench of this Court, vide order dated 21st May, 2009, acceded to the prayer and directed the respondent -State to implement the award dated 18th December, 1995, within a period of two months from the date of filing of a copy of the order. It is pleaded case of the petitioner that in compliance of the order, Late Shri Birji Ram (workman) was reinstated vide order dated 21st April, 2011; on daily wages basis, as would be evident from Annexure -4. However, Shri Birji Ram, died on 11th December, 2012. The petitioners have instituted the present writ application on 3rd June, 2013, with the prayers, as indicated above.
(3.) LEARNED counsel for the petitioners reiterating the pleaded facts and grounds of the writ application, vehemently argued that father/husband of the petitioners (Late Shri Birji Ram), was though engaged on daily wages basis but an award was made in his favour maintaining continuity of service and as a consequence was reinstated.;