CW 6466/99 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6466/99 Smt. Shamshad Begum Versus Latif Bhai & Ors. DATE OF ORDER : 11/04/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Amit Jindal, for petitioner Mr. Arvind Bhardwaj, for respondents *** Instant petition has been filed by petitioner assailing order dated 5th May, 1998 passed by the Prescribed Authority under Bidi & Sigar Labour [Conditions of Employment] Act, 1966. Petitioner was in employment of respondents and as alleged, working for 16 years and verbally her services were discontinued w.e.f. 24th April, 1995. However, pending dispute she was reinstated and allowed to work w.e.f. 6th July, 1996, the Prescribed Authority after taking note of material observed that there was no intention of respondents to discontinue petitioner which is reflected from the fact that even in the attendance register after she was, as alleged, discontinued from April, 1995, her name was throughout shown in the register which is evident from Ex.D4-D13. A further inference has been drawn that if she should have been discontinued by the respondents on their own, certainly her services should have been scored out from the attendance register which is maintained in their CW 6466/99 [2] office. Taking note of overall conspicuous material came on record, considered appropriate to grant 50% wages for the intervening period during which she remained out of employment vide order dated 5th May, 1998. Counsel for petitioner submits that once action of respondents has been found to be bad in law and she was reinstated at a later point of time, may be during pendency of proceedings before the Prescribed Authority, she was entitled for full wages and to this extent, the authority has committed an error while passing order impugned. I have heard both the counsel and perused the material on record. While granting benefits of 50% wages to petitioner, the Prescribed Authority has taken note of material came on record and while deciding issue no.2 disclosing about the intention of respondents in dispensing with her services and also the attendance register which is placed on record as Ex.D4-D13 which conspicuously shows that her name was shown continuously and never scored out by them and she has not worked during intervening period and they voluntarily allowed her to join the job on which she was working prior thereto, considered appropriate to grant 50% wages for the intervening period. CW 6466/99 [3] It is the discretion of the authority to consider as to what relief has to be granted to petitioner-workman and this court does not find any manifest error committed in exercise of discretion by the Prescribed Authority while granting 50% wages to her under order impugned. Consequently, the writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA6466CW1999 11-4.doc