SBC Writ Pet. no.6304/07 The Executive Director(Adm.) RSRTC & anr. vs. Hakim Mohd &anr. 1 SBC Writ Pet. no.6304/07 The Executive Director(Adm.) RSRTC & anr. vs. Hakim Mohd &anr. Date of order: 13.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Nitin Ojha for Mr. PK Lohra for the petitioner. ... Heard learned counsel for the petitioner. A dispute was referred to the Labour Court, Bhilwara by the State Government vide order dated 10.5.1999. One of the issues referred to the Labour Court was whether once the employee has been given appointment and worked w.e.f. 4.6.1992 to 16.8.1993, then termination of his services on 16.8.1993 and appointing the employee on 17.8.1993, i.e. on the next date as daily wages employee and denial to the employee other benefits treating the employee to be daily wager, w.e.f. 17.8.1993 was right. The tribunal held that the applicant was not appointed on SBC Writ Pet. no.6304/07 The Executive Director(Adm.) RSRTC & anr. vs. Hakim Mohd &anr. 2 compassionate ground on 12.2.1992 as claimed by him but so far as his appointment is concerned, he was in appointment from 4.6.1992 and worked upto 16.8.1993 and removal of him on 16.8.1993 and giving him appointment on next date 17.8.1993 as daily wages employee was wrong. The tribunal held that the applicant could not have been treated as daily wages employee w.e.f. 17.8.1993 as he was already in service from 4.6.1992 to 16.8.1993. The learned tribunal held that since the employee failed to prove that he was first appointed on 12.2.1992, therefore, the petitioner is not given regular pay scale from 12.2.1992, then the employer has not committed any wrong. The employee, who was in service prior to 17.8.1993 and was wrongly treated as daily wages employee from 17.8.1993, cannot entitle the petitioner to deny the regular pay scale and other benefits to the employee as the order appointing the petitioner as daily wager vide order Annex.4 was wrong. In view of the above reasons, I do not find that the tribunal has committed any mistake in recording the finding in the SBC Writ Pet. no.6304/07 The Executive Director(Adm.) RSRTC & anr. vs. Hakim Mohd &anr. 3 impugned order dated 26.3.2007. There is no merit in this writ petition and the same is hereby dismissed. ( PRAKASH TATIA),J. mlt.