1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B.CIVIL SECOND APPEAL NO.182/1995. R.S.R.T.C. & Others. VERSUS Shri Dharm Chand Sharma. 2. S.B.CIVIL SECOND APPEAL NO.623/1999. R.S.R.T.C. & Others. VERSUS Dharam Chand Sharma. 03.01.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.N.S.Chauhan on behalf of Mr.R.D.Rastogi, for the petitioners. Mr.Shiv Lal Verma, for the respondent-Workman. ***** The S.B.Civil Second Appeal No.182/1995, arising out of Civil Suit No.873/1988, has been restored after the Review Petition No.5/2002, against the judgment dated 15.11.1996, was allowed by order dated 02.01.2008 thereby recalling the judgment by which the said second appeal was dismissed. The S.B.Civil Second Appeal No.623/1999 having also arisen from the Civil Suit No.873/1988 (357/1988), decided by the judgment and decree dated 28.02.1990 passed by the learned trial court from which two appeals were filed; one by the defendant being Civil Regular Appeal No.281/1996 and the another by the plaintiff being Civil Regular Appeal No.177/1990, from which these two second appeals have been filed. The submission of the learned counsel for the defendant- R.S.R.T.C. is that in view of the judgment passed by the Hon'ble Supreme Court in the case of R.S.R.T.C. & Others Vs. Zakir Hussain reported in 2005 (7) SCC 447, whereby the Hon'ble 2 Supreme Court has been pleased to hold that the Civil Court has no jurisdiction to entertain the suit and the remedy for the Workman lies under the Industrial Disputes Act, 1947, the suit before the civil court was not maintainable and the judgment and decree deserve to be set aside. This court also in the case of Nawal Kishore Mishra Vs. R.S.R.T.C. & Another (S.B.Civil Second Appeal No.86/2001) decided on 12.09.2006 has already taken the view as under:- “”Learned counsel for the plaintiff-appellant wants to withdraw this second appeal as well as suit itself, so as to initiate the legal remedy before the appropriate forum under the provisions of the Industrial Disputes Act, 1947, in view of the judgment of the Hon'ble Supreme Court in Rajasthan State Road Transport Corporation & Others Vs. Zakir Hussain, (2005 (7) S.C.C. 447). The prayer of the plaintiff-appellant is allowed. The second appeal is dismissed as withdrawn. It will be open for the plaintiff-appellant to seek remedy under the provisions of the Industrial Disputes Act, 1947. In case the plaintiff-appellant approaches the appropriate forum under the provisions of the Industrial Disputes Act, 1947, then the matter of the plaintiff-appellant shall be considered in accordance with the provisions of law without being influenced by the judgments of both the courts below. It will be open for the defendant-respondents to raise legal as well as pleas on merits of the case before the appropriate forum. The second appeal is accordingly dismissed as withdrawn with no order as to costs.” In view of the above, these two second appeals are accordingly decided in the light of the above and the State Government is directed to make a reference to the learned Labour Court in the above matter within a period of four weeks 3 of the submission of the certified copy of this order along with the claim. The learned Labour Court shall take steps to decide the matter expeditiously as the matter has been pending before the civil court since the year 1988. Consequently, both the second appeals stand disposed of. The stay applications also stand disposed of. The judgment and decree dated 28.02.1990 is set aside. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.