1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4765/1995 Bhawani Sahai Bansiwal Versus The State of Rajasthan and others Date of order ::: May 14,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Virendra Lodha, for the petitioner Mr.M.Faisal Beg, Dy. Govt. Counsel BY THE COURT (1) By this writ petition, the petitioner has challenged the order dated 9.10.1995 whereby the earlier order of reinstatement dated 5.10.1995 has been withdrawn. (2) Counsel for the petitioner submits that the said order of reinstatement was passed when the writ petition filed by the State against the Award of the Labour Court was dismissed on 26.10.1994. Counsel further submits that there is no interim order of any higher court, therefore, there was no reason for the respondents to withdraw the order of reinstatement dated 5.10.1995 vide order dated 9.10.1995. Counsel also submits that operation of the order dated 9.10.1995 was 2 stayed by this Court on 10.11.1995. (3) Counsel for the State submits that since DB Special Appeal was filed against the order dated 26.10.1994 and the same was pending, therefore, the order dated 9.10.1995 was passed. Even in the reply also, there is no mention of the fact that interim order staying reinstatement has been passed in favour of the State. (4) I have gone through record of the writ petition and further considered the rival submissions of counsel for the parties. (5) In my opinion, mere filing of the special appeal/pendency thereof is no ground not to comply with the Award dated 23.4.1993 passed by the Labour Court which was upheld by this Court on 26.10.1994. The order dated 9.10.1995 of withdrawal of the reinstatement order dated 5.10.1995 is wholly illegal and unreasonable. (6) The writ petition is allowed and the order dated 09.10.1995 is quashed and set aside. (PREM SHANKER ASOPA) J. गोपाल