SBCWP NO.4516/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4516/2002. Chaturbhuj Vs. Assistant Engineer RSEB & Ors. Date of order:- January 20, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Deepak Goyal for the petitioner. Smt. Parinitoo Jain, for the respondents. **** BY THE COURT:- This writ petition has been filed challenging the award passed by the Labour Court Kota dated 1/7/1978 by which a reference on industrial dispute made to the Labour Court Kota was answered in terms that removal of the petitioner by the respondents cannot be said to be illegal or invalid and therefore he would not be entitled for any relief. Learned counsel for the petitioner argued that this view was taken by the Labour Court on the basis of earlier Division Bench judgment of this Court passed in DBSAW No.559/1991 (RSEB Vs. Ashok Lal) decided on 28/1/1992 in which it was held that Orderly provided to the officers of the R.S.E.B. at their residence could not be treated as employees of SBCWP NO.4516/02. 2 R.S.E.B. and therefore there did not exist any relationship of master and servant. Learned counsel for the petitioner has cited the judgment of Full Bench of this Court in Ishwar Singh Vs. R.S.E.B. & Others {2001(3) WLC Raj. 661}. Perusal of the aforesaid judgment indicate that correctness of the aforesaid Division Bench judgment was disputed by another Division Bench therefore a reference was made to the Full Bench. Full Bench in Ishwar Singh supra reversed the view taken by the Division Bench in Ashok Lal and held that there did exist relationship of master and servant between the Board and the workmen concerned and therefore remanded the matter back for deciding the industrial dispute afresh in accordance with law. Learned counsel for the respondents has opposed the writ petition but is not in a position to dispute the fact that Full Bench in the aforesaid case has reversed the judgment of Division Bench in Ashok Lal. In view of the law propounded by the Full Bench in Ishwar Singh supra, the writ petition is allowed. The award of the Labour Court dated 1/7/1998 is quashed and set-aside and the matter is remanded back to the Labour Court Kota for its decision afresh in accordance with law. (MOHAMMAD RAFIQ), J. anil