GOPAL KRISHAN VYAS, J. - (1.) The instant special appeal has been filed by appellant, Smt. Uji Devi, under Rule 134 of the Rajasthan High Court Rules, 1952 laying a challenge to the validity of order dated 05.08.2015 passed by learned Single Judge in Review Petition No. 106/2014 and the order dated 07.01.2014 passed in SBCWP No. 895/2013 whereby the learned Single disposed of the writ petition and dismissed the review petition filed by the appellant/writ-petitioner filed against the order dated 07.01.2014.
(2.) Briefly stated, the facts of the case are that undisputedly the appellant/writ-petitioner was appointed on 01.12.2002 as part time Cook at a meager salary of Rs. 600/- per month in the Government SC/ST Hostel at Ahlore, District Jalore, run by the Social Welfare Department of the Govt. of Rajasthan. The salary of appellant/petitioner was enhanced in the year 2006. The appointment was given to the petitioner on 01.12.2002 for preparing food for the students of scheduled castes and scheduled tribes in the hostel of Ahore. On 15.12.2006 a prayer was made by the appellant/writ-petitioner to regularize her services and to grant regular pay scale, however, the said request was not adhered to by the respondents, therefore, she approached the labour court for redressal of her grievances. In the conciliation proceedings, it was stated by the respondent Department that she was not appointed by the Department, rather she was appointed by the Mess Committee, therefore, after failure of conciliation proceedings, the dispute was forwarded to the Labour Department and the appropriate Government referred the same for adjudicating the dispute to the Industrial Dispute Tribunal-cum-Labour Court, Jodhpur.
(3.) The learned Judge, Labour Court, Jodhpur dismissed the claim of the appellant/writ-petitioner while relying upon the judgment of Hon'ble Apex Court in the case of State of Karnataka v. Uma Devi reported in (2006) 4 SCC 1 vide its award dated 26.09.2008. (Annex.2 to the writ petition). The learned Judge, Labour Court gave finding that there is no evidence on record to prove that the workman was appointed against the sanctioned post but it is proved that she was appointed as Cook on temporary basis on daily wages, therefore, she is not entitled for regularization because as per paragraphs 53 and 55 of the Uma Devi's judgment, she had not completed ten years of service, the said award was never challenged by the appellant.;