1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5070/99 Banni Lal vs. State & Ors. Date of order : 13/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pankaj Jain for the petitioner. Shri Ajay Tantia for the respondent. ****** This writ petition has been filed by the petitioner challenging the order of his termination dated 6.8.1999. Petitioner was engaged by order of learned Divisional Secretary, Rajasthan State Bharat Scout & Guide Organisation, Jaipur dated 13.7.1993 on payment of monthly honorarium of Rs.1,000/- till 30.3.1994. His services were extended from time to time. According to the petitioner, his monthly salary was enhanced to Rs.1500 but the respondents contends that subsequently he was paid at the rate of 750 per month. Petitioner initially approached the Conciliation Officer where a settlement was arrived at between the parties. According to the spirit of which, the respondents reinstated the petitioner. Petitioner then filed a civil suit before the Civil Court in 2 which an injunction order was passed. But subsequently, when the respondent filed the appeal, which was allowed, the petitioner sought to withdraw the civil suit and preferred this petition with that undertaking. Learned counsel for the petitioner argued that the respondents were bound to abide by the terms of the settlement and that they could not terminate his service. There was violation of Section 25-F of the Industrial Disputes Act. The petitioner later withdrew the civil suit and therefore filing of the writ petition would not be barred. Respondents have contended that as per the decision taken in the Budget Finalising Committee of the State Government, it was decided to abolish 35 part time employees including the post on which the petitioner was working and since no grant was received by the respondents from the government, the petitioner could not be continued in employment. In the face of the stand taken by the respondents and in view of the fact that the petitioner has earlier chosen to avail the 3 remedy before civil court as to whether termination was violative of provisions of Industrial Disputes Act or otherwise the principles of natural justice and whether order to abolish the posts was bona fide, all these contentious issues cannot be adjudicated upon in the writ petition. The petitioner, if so advise, may approach the appropriate Government for reference of this dispute to the industrial court under the Industrial Disputes Act. The writ petition is accordingly dismissed with the aforesaid observations. (MOHAMMAD RAFIQ), J. RS/