SAW No.818/2006 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] D.B. Civil Special Appeal [Writ] No.818/2006 Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Versus Bhanwar Lal Sharma & Anr. [2] D.B. Civil Special Appeal [Writ] No.154/2009 Rajasthan State Electricity Board Versus Rajasthan Vidyut Karamchari Sangh & Anr. DATE OF ORDER : 18/10/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. J.K. Singhi, for the appellants Mr. Govind Gupta, for the respondent *** These two special appeals have been preferred by the appellant against the judgment of the learned Single Judge dated 29th August, 2005 by which two writ petitions filed by the appellant came to be dismissed by a common judgment. S.B. Civil Writ Petition No.457/1994 [Rajasthan State Electricity Board Vs. Rajasthan Vidyut Karamchari Sangh & Anr.] had been preferred against the award passed by the learned Industrial Tribunal, Ajmer dated 8th April, 1991 and S.B. Civil Writ Petition No.2190/1999 was preferred by Rajasthan State SAW No.818/2006 [2] Electricity Board against the order passed by the learned Industrial Tribunal under Section 33C(2) of the Industrial Disputes Act dated November 15, 1996. Learned Single Judge dismissed both the petitions relying upon the judgment of Their Lordships of Hon'ble Supreme Court in the case of Bhagwati Prasad Vs. Delhi State Mineral Development Corporation reported in AIR 1990 SC-371. The submission of the learned Counsel for the appellant before this Court at the time of the admission of the appeal principally was that the judgment in Bhagwati Prasad's case [supra] has been over-ruled by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors. reported in (2006) 4 SCC-1. This fact is not in dispute that the judgment relied upon by the learned Single Judge in Bhagwati Prasad's case stands over-ruled. In view of the above, we without going into merits of the respective contentions are inclined to allow the appeals filed by the employer setting aside the judgment of the learned Single Judge dismissing the writ SAW No.818/2006 [3] petitions dated 29th August, 2005, restore both the writ petitions and remand the matter to the learned Single Judge for decision afresh on merits after affording opportunity to both the parties to argue their case on merits without being influenced by the fact of this Court having allowed the appeals filed by the employer-appellant as we find that the learned Single Judge had not examined the impugned award and the order under Section 33C(2) on merits on the basis of the pleas raised in the writ petitions. Both the parties are directed to appear before the learned Single Judge on 1st November, 2010. Put up both the writ petitions before the learned Single Judge on 1st November, 2010. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA818SAW2006 18-10.doc