SBCWP6731/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6731/2010 Mohan Lal Bairwa Vs. State of Rajasthan and Others Date of Order ::: 12.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Raghunandan Sharma, Counsel for petitioner #### By the Court:- Learned counsel for petitioner has argued that petitioner was working on the post of Chowkidar in a Hostel run by Social Welfare Department of the Government of Rajasthan, at Datwas, Tehsil Newai, District Tonk. His services were illegally terminated by order dated 30.10.1999 and, at this instance, an industrial dispute was referred to the Labour Court, Jaipur. The Labour Court by its award dated 05.09.2005 held the petitioner's termination illegal and violative of Section 25-F of the Industrial Disputes Act, 1947, and directed his reinstatement with continuity of service and full back wages. The award attained finality and petitioner was reinstated in service. Thus the petitioner continued to serve the respondents right from his initially appointment since 15.07.1998. It is contended that the petitioner should be declared semi-permanent and permanent on completion of 2 years and 10 years of SBCWP6731/2010 // 2 // service, respectively, from the date of his initial appointment and be also given benefit of selection scale. Learned counsel has relied on the judgment dated 30.06.2009 of this Court in S.B. Civil Writ Petition No.2965/1995 – Ram Prasad Keer Vs. State of Rajasthan and Others and stated that petitioner's case is covered by the aforesaid judgment. If that be so, the petitioner shall make a representation to the respondent No.2 the Director, Samajik Nyaya and Adhikarita Vibhag, Ambedkar Bhawan, Jaipur, who shall consider the same and pass appropriate order thereon in accordance with law, within a period of three months from the date of its making. Writ petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//