CW 2653/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2653/07 Ramavtar Sharma Versus State & Ors. DATE OF ORDER : 04/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ajay Tantia, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** It is an unusual petition filed in compelling circumstances for his legitimate grievance of his salary being with-held by the respondents without any legitimate cause. Petitioner who was appointed on daily wages basis as Chowkidar initially as alleged in the petition on 28th May, 1988. His services were terminated on 1st November, 1992 which was challenged by raising industrial dispute and finally learned Labour Court passed award on 3rd August, 2000 whereby his termination was set aside and he was directed to be reinstated with continuity of service with 50% back wages. Finally, writ petition preferred by the respondents against award was dismissed by this court on 19th January, 2005 and on attaining finality, petitioner was reinstated in service in CW 2653/07 [2] terms of award by the respondents vide order dt.15th June, 2005 [Ann.1], but his salary has been arbitrarily with-held by the respondents from March, 2006 that compelled the petitioner for filing instant petition. After notices were served, respondents have filed reply and it has not been disputed by the respondents in Para 9 about his continuously discharging duties on daily wages basis as Chowkidar, but it has been further averred that his salary could not have been paid since post has not been sanctioned and matter has been sent to the concerned competent authority which is in process. It is really strange that a poor employee whose services were terminated, has been dragged to this court and after almost 13 years of his termination, he was reinstated in service on 15th June, 2005 and thereafter, from March, 2006 his salary was with-held without any legitimate cause. This action of the respondents is highly arbitrary and certainly violative of Art.21 of the Constitution of India. CW 2653/07 [3] Since his salary has been with-held without any reasonable justification, it will be appropriate to impose heavy cost upon the respondents for with-holding his salary which became due to him way back in March, 2006. Consequently, writ petition stands allowed. Respondents are directed to make payment of due wages from March, 2006 to the petitioner within a period of two months from today and they may also pay the cost of Rs.10,000/- which should be recovered from defaulting person. [AJAY RASTOGI], J. FRBOHRA2653CW07 4-11.doc