‘State’s Approach Lethargic’: Rajasthan HC Summons Chief Secretary Over Delay In Paying Back Wages To Reinstated Employee

The instant petition has been filed to enforce compliance with an award issued in favor of the petitioner by the Labor Court, which has been upheld by various judicial bodies including a Co-ordinate Bench, a Division Bench of the Court, and the Apex Court. The petitioner was terminated from service by the respondent-State without following due procedure. Subsequently, the Labor Court directed the reinstatement of the petitioner along with the payment of back-wages to the extent of 50%, through an order.

Despite legal challenges from the respondent-State, including dismissal of petitions by the Co-ordinate Bench, Division Bench, and the Hon’ble Apex Court, the award/order remained upheld. However, the respondent-State failed to comply with the directive regarding reinstatement to date.

A bench of Justice Sameer Jain held, “As a result, we direct the Chief Secretary for the State, to mark his appearance before the Court on 21.02.2024, either physically or virtually, as he deems fit. The said order is passed on account of the compelling reason of non-compliance of the order passed by the Hon’ble Apex Court and going against the spirit of Article 141 of the Constitution of India.”

Advocate Tanmay Dhand appeared for the Petitioner and Advocate Akshay Sharma appeared for the Respondents.

Considering the prolonged delay and hardship faced by the petitioner, the petitioner's counsel has advocated for the imposition of costs upon the respondent-State.

The Court, noting the continuous non-compliance by the respondent-State despite the finality of the legal proceedings, deemed it appropriate to intervene judicially. The Court added, “In this cumulative background, this Court deems it appropriate to note that the respondent-State, as opposed to advancing steps for effectuating compliance of the award/order passed in the Year 2020, has acted as a compulsive litigant on frivolous grounds and thereafter, even pursuant to the lis attaining finality in the Year 2022, has withheld compliance for a considerable period of time. Therefore, looking to the lethargic and callous approach adopted by the State, this Court deems it fit to make out a case for judicial intercession.”

The Court clarified if full compliance with the award was achieved before the said date, the appearance of the Chief Secretary can be relaxed.

The matter is scheduled to be listed on February 21, 2024 for further proceedings.

Cause Title: Ram Swaroop Sharma v. State of Rajasthan & Ors.

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