1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5961/2010 Prembahadur K.C. vs. State & Anr. Date of order : 28/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dharamveer Tholia for the petitioner. ****** Contention of the learned counsel for the petitioner is that petitioner was initially engaged with the respondents in Chief Town Planner, Rajasthan, Jaipur on daily wage basis as a Class-IV employee. His services were abruptly terminated on 27.2.1991. An industrial dispute was referred to Labour Court at his instances, which by its award dated 8.12.1998 holding the retrenchment as illegal and directed his reinstatement with full back wages. In S.B. Civil Writ Petition No.3766/1999 filed by the respondents, however, this Court vide judgement dated 8.9.2003 partly modified the award by directing that the petitioner shall be entitled to reinstatement on the same terms and conditions he was employed at the time of his termination from the date of award i.e. 8.12.1998. It is contended that even if the petitioner is deemed to have 2 been working from the date of award i.e. 8.12.1998, then almost he has completed 12 years of service. In view of government notification dated 8.7.2009, the Government had taken a policy decision to accord one time regularisation to such of the employees who have worked for more than 10 years under the direction of any interim order passed by the Court or Tribunal etc. The petitioner has continuously worked atleast from 8.12.1998 because in his case the award that is passed by the Labour Court is final adjudication of the dispute and it was by interim order directing his continuation. After the award when the petitioner was reinstated, he was continuously allowed to work and vide order dated 24.3.2009, he was fixed in the minimum pay of Rs.2600/- per month with stipulation that if petitioner proceeds on leave on any single day, a sum of Rs.100/- would be liable to be deducted from his salary. The respondents therefore be directed to consider his case for regularisation. This writ petition is disposed of with a liberty to petitioner, subject to condition 3 of his continuously working till now with respondent Department, to make a representation to respondents for considering his case in view of the Government Notification dated 08.07.2009 and the respondents, on their turn, shall consider and decide the same in accordance with law within a period of three months from the date a copy of this order is produced before them. (MOHAMMAD RAFIQ), J. RS/