- (1.) THE petitioner has filed this writ petition challenging the orders Annexure-7 dated July 22, 1987 and Annexure-II, dated December 12, 1987. On behalf of the employees in para No. 7, averment has been made that the employers were continuously arid regularly without any interruption, paying ex-gratia to all the employees @ 20% of emoluments drawn by them for the last 15 years. This tact has also been mentioned in para No. 10 of the writ petition.
(2.) REPLY has been filed by the employer Rajasthan Financial Corporation, non-petitioner No. 1, and it was submitted that the facts mentioned in paras No. 7 and 10 of the writ petition are admitted. They have also admitted that the Corporation used to pay ex-gratia payment of 20% of the emoluments to the officers/employees of the Corporation since 1973. The contention of the R. F. C. is that under the directions of the State Government, they have stopped the payment as they are bound by the directions given by the State Government, as a policy.
(3.) ON behalf of the State Government, at the initial stage Shri. Dinesh Swami, Advocate General, was present in the Court for sometime. He left the Court and there was no one to represent the State Government. After dictation of this part of the order, Mr. L. K. Sharma appeared on behalf of Mr. Swami, and prayed that the case may be passed over or he may be allowed to make the submissions on behalf of Mr. Swami. Advocate General. This practice cannot be allowed and Mr. Sharma cannot be heard when we are dictating the order. Mr. Sharma further submits that there was a call from the other Bench, so Advocate General left this Court. It is the duty of the counsel atleast to inform the court that there is a call from the other Bench and he is leaving the court for sometime on account of call.;