- (1.) The petitioner has challenged the order dated 4-8-1999, whereby his appointment as Lab Bearer vide order 16-7-1999, after undergoing due selection process, was cancelled for the purported reason that he did not fulfill the requisite qualification in terms of the advertisement dated 6-4-1999 issued by the University of Rajasthan, Jaipur.
(2.) In the first instance, it would be well to record that the writ petition was initially dismissed on 23-8-1999 requiring the petitioner to approach the concerned Authority/ Labour Court under the Industrial Disputes Act, 1947. The said judgment was however set aside in DB Civil Special Appeal (Writ) No.773/1999 by the Division Bench, as under:- "5. The appeal accordingly stands allowed and the impugned order dated August 23, 1999 of the learned Single Bench is set aside. The matter is remitted back to the learned Single Bench with a request to decide the writ petition on merits. The parties are directed to appear before the learned Single Bench on May 5, 2008. 6. Looking to the fact that the operation of the order of the learned Single Bench was stayed during the pendency of the appeal and according to appellant, he is still in service, we direct that if the appellant is in service, he shall be continued as such and his termination shall remain suspended till the final decision of writ petition."
(3.) It is an admitted fact that prior to the DB Civil Special Appeal (Writ) No.773/1999 being allowed, vide an interim order dated 22- 7-2002 therein the petitioner was allowed to work as Lab bearer with the respondent University in pursuance whereof the respondent University issued an order dated 2-1-2003, whereupon the petitioner has since been working as Lab Bearer on an interim arrangement.;