SBCWP3830/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3830/1997 Ramavtar Vs. The Rajasthan State Electricity Board and Others Date of Order ::: 19.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajesh Rajkumawat, Counsel for petitioner Shri Saugath Roy, Counsel for respondents- Rajasthan Rajya Vidyut Prasaran Nigam Limited (a Company of erstwhile Rajasthan State Electricity Board) #### By the Court:- Learned counsel for petitioner submits that controversy involved in the present case is squarely covered by judgment dated 23.04.2009 of a Coordinate Bench of this Court delivered in S.B. Civil Writ Petition No.4258/1995 – Mangal Singh Vs. Judge, Labour Court, Bharatpur, Camp Alwar & Others, wherein question for adjudication was whether there was relationship of 'master and servant' between R.S.E.B. and its employee 'orderly', and the same has been concluded by a Larger Bench decision of this Court in Ishwar Singh Vs. R.S.E.B. & Others – 2001 (3) WLC (Raj.) 661, holding that there is relationship exist in SBCWP3830/1997 // 2 // between the Board and workman of 'master and servant'. However, that benefit would be given to petitioner or not would depend on the question whether there was any sanctioned post of orderly at the place where petitioner was working. For this limited dispute, the matter in S.B. Civil Writ Petition No.4258/1995 – Mangal Singh Vs. Judge, Labour Court, Bharatpur (Supra) was remanded to Labour Court. Therefore, the learned counsel for the petitioner urged that same order as was passed in S.B. Civil Writ Petition No.4258/1995 (Supra), may be passed in this writ petition also. Learned counsel for the respondent does not dispute this position. In view of aforesaid discussion, the impugned award 23.01.1996 is set aside. The matter is remanded back to the Industrial Tribunal, Bharatpur, for deciding it afresh in the light of observations made in the judgment dated 23.04.2009 of this Court delivered in S.B. Civil Writ Petition No.4258/1995 (Supra). The learned Industrial Tribunal, Bharatpur, is directed to decide the matter as soon as possible but not later than nine months from the date a copy of this judgment is produced SBCWP3830/1997 // 3 // before it by either of the parties. The parties are directed to appear before the Industrial Tribunal, Bharatpur, on 23rd of March, 2010. (Mohammad Rafiq) J. //Jaiman//