SBCWP1900/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1900/1997 {Smt. Vandana Goswami Vs. The State of Rajasthan and Another} Date of Order ::: 01.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Prahlad Singh, Counsel for petitioner Shri Manoj Sharma, Counsel for respondents #### By the Court:- Heard learned counsel for parties. This writ petition was filed by petitioner way back in 1997 challenging order of her termination, with a prayer that respondent Jaipur Development Authority be declared to be her employer and petitioner to be its employee, and they be directed to pay to her regular pay scale of post of Telephone Operator i.e. 950-1680, with all consequential benefits. After filing of writ petition, according to petitioner, her services were terminated and writ petition was thereafter allowed to be amended questioning validity of the termination. According to respondent, the petitioner SBCWP1900/1997 // 2 // was engaged through a contractor M/s Mausad Security Services, and when term of said contract with M/s Mausad Security Services came to an end, her services stood automatically terminated. According to the respondent, there was no relation of master and servant between respondent JDA and petitioner. On contrary, learned counsel for petitioner asserts that actual contract always rest with authority of respondent JDA and the contract with M/s Mausad Security Services was a sham contract intended only to deprive the petitioner of her legitimate right. Appreciation of this question would depend on evidence that may be adduced by both the parties and, mechanism of recording evidence being available with Labour Court, such an issue can, therefore, be appropriately adjudicated upon by the forum provided in the Industrial Disputes Act, 1947. This petition is, therefore, disposed of with liberty to writ-petitioner to make a representation to the appropriate Government within a period of four weeks from the date of receipt of a copy of this order, with prayer to the appropriate Government to make appropriate order for making a reference of this dispute SBCWP1900/1997 // 3 // within a period of eight weeks thereafter. In the event of Notification of reference of industrial dispute being made, the concerned Laobur Court/Industrial Tribunal is expected to expeditiously decide the matter keeping in view the fact that this writ petition remained pending in this Court for almost 12 years. The writ petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//