LAL CHAND SHARMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-8-93
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 08,2019

LAL CHAND SHARMA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition claiming the following prayers:- "(i) by an appropriate writ, order or direction in the nature thereof the non petitioners may be directed to extend the benefit of regularization and regular pay scale of Class IV employee to the petitioner with all other consequential benefits which have been extended to the other junior employees or who were engaged with the petitioner and subsequently have been regularized: (ii) by an appropriate writ or direction or order the non petitioners may be directed to make payment of back wages to the petitioner in compliance of the award dated: 16.01.2001 with interest at the rate of 18% p.a. (iii) by an appropriate writ, order or direction in the nature thereof the non petitioners may be directed to grant all the consequential benefits to the petitioners with interest at the rate of 18% p.a. (iv) Any other order or relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner with costs throughout."
(2.) The petitioner was initially appointed by the respondents as a Part Time Class IV employees on 25.7.1985 at the wage of Rs.100/- per month in Government Primary School, Kherabad. The petitioner was continued from time to time intermittently but was then permanently removed from service without giving him opportunity of hearing on 17.5.1992 for which the petitioner raised an industrial dispute and vide Award dated 16.01.2001 the non-petitioners were directed to reinstate the petitioner as a part time employee with full back wages. The respondents however did not reinstate the petitioner for a long period even after the Award but ultimately reinstated him on 22.2.2017.
(3.) Counsel for the petitioner submits that the petitioner has been reinstated at a belated stage by the non-petitioners and is still being paid only Rs.100/- a month which is a clear exploitation of the employee. Counsel for the petitioner further submitted that he had preferred a petition before Minimum Wages Authority which was decided on 31.3.1994 whereby the petitioner was to be paid minimum wages until 31.03.1994. Counsel for the petitioner has also pointed out that other similarly situated persons who joined the services as Class IV employee particularly as reflected in Annexure Nos.9 and 10 have been regularised in 2002.;


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